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PNC EQUIPMENT FINANCE, LLC, Plaintiff, v. MONTAUK TRANSPORT SERVICE, INC. et al., Defendants.

ROSLYNN R. MAUSKOPF, Chief United States District Judge.

ORDER ADOPTING REPORT AND RECOMMENDATION

In a report and recommendation dated December 16, 2019, (the "R&R"), Magistrate Judge Arlene R. Lindsay recommended that the Court enter a default judgment in favor of plaintiff PNC Equipment Finance, LLC ("PNC"), in the amount of (a) $3,804,778.01 in principal and interest on outstanding notes; (b) $1,156.67 per day from April 15, 2018, until the date of judgment in additional interest; and (c) $2,174.50 in attorneys' fees and costs. (Doc. No. 18.) Magistrate Judge Lindsay ordered PNC to serve a copy of the R&R on defendants and file proof of service with Court. (Id. at 11.) Magistrate Judge Lindsay advised the parties that they had 14 days from the date of service of the R&R in which to file objections. (Id.) On December 19, 2019, PNC filed proof of service. (Affirmation of Service (Doc. No. 19).) To date, neither party has filed an objection to the R&R.

Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error and, finding none, adopts the R&R in its entirety. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is

ORDERED that the R&R is adopted in its entirety and the Clerk of Court is respectfully directed to enter judgment in favor of plaintiff and against defendants:

(1) $3,804,778.01 in principal and interest on outstanding notes;

(2) $1,156.67 per day from April 15, 2018, until the date of judgment in additional interest;

(3) $2,174.50 in attorneys' fees and costs.



The Clerk of Court is further directed to mail a copy of the judgment and this Order to defendants, to note that mailing on the docket, and to close this case.

SO ORDERED. Dated: Brooklyn, New York

May 7, 2020

/s/_________

ROSLYNN R. MAUSKOPF

Chief United States District Judge

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PNC Equip. Fin., LLC v. Montauk Transp. Serv.
(May 7, 2020)