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14-982 - Chiquita Fresh North America, LLC et al v. Long Island Banana Corp. et al


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14-982 - Chiquita Fresh North America, LLC et al v. Long Island Banana Corp. et al
July 28, 2016
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hur D. Spatt on 7/28/16. (Coleman, Laurie)ORDER ADOPTING 148 REPORT AND RECOMMENDATIONS - On July 7, 2016, the R&R was served on counsel for the parties via ECF. More than fourteen days have elapsed since such service, and no objections have been filed. Therefore, pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the July 7, 2016 Report and Recommendation is adopted in its entirety, and the Plaintiffs motion is granted as set forth herein. Within 20 days of the date of this Order, the Court directs the Plaintiffs to file a written status report on ECF outlining what actions, if any, remain to be taken in this case. Any party wishing to respond may do so in writing on ECF within 7 days after such filing by the Plaintiffs. Finally, the Court extends its gratitude to Judge Tomlinson for all of her outstanding assistance in this matter. SEE ATTACHED ORDER for details. So Ordered by Judge Art
February 28, 2018
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REPORT AND RECOMMENDATION re 229. The Court respectfully recommends to Judge Spatt that the motion for entry of default judgment against defendant Brook Enterprises, Ltd. be GRANTED in part, and DEFERRED, in part. SEE ATTACHED REPORT AND RECOMMENDATION FOR FURTHER INFORMATION regarding the deadline to file objections. Plaintiffs' counsel is directed to serve a copy of this Report and Recommendation upon defendant Brook Enterprises, Ltd. forthwith by overnight mail and first-class mail and to file proof of such service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/28/2018. (Tomlinson, A.)
March 15, 2018
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ADOPTION ORDER: On May 27, 2017, the Court referred this matter to United States Magistrate Judge A. Kathleen Tomlinson for a recommendation as to whether the motion for a default judgment against Brook should be granted, and if so, what relief should be awarded with respect to that Defendant. On February 28, 2018, Judge Tomlinson issued a Report & Recommendation ("R&R") recommending that (1) that default judgment be entered against Brook as to liability; and (2) the calculation of damages be deferred until the case is resolved as to all active Defendants. More than fourteen (14) days have elapsed since service of the R&R on Brook Enterprises Ltd., who has failed to file an objection. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the R&R for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the R&R is adopted in its entirety. SEE ATTACHED ORDER for details. SO ORDERED by Judge Arthur D. Spatt on 3/15/2018. (Coleman, Laurie)