TOURISTIC ENTERPRISES COMPANY v. TRANE, INC. et al, No. 2:2009cv02732 - Document 54 (D.N.J. 2012)
Court Description: OPINION. Signed by Judge Stanley R. Chesler on 2/15/12. (dc, )
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CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TOURISTIC ENTERPRISES CO., v. ROUSTAN UNITED, LLC, : : Plaintiff, : : : : : : Defendant. : : : Civil Action No. 09-2732 (SRC) OPINION CHESLER, District Judge This matter comes before the Court upon the motion by Touristic Enterprises Co. ( Plaintiff ) for default judgment as to Defendant Roustan United, LLC ( Defendant ),1 which the Court granted [docket entry 35], and declined to vacate [docket entry 48]. In the Court s Order of August 11, 2010, granting default judgment against Defendant, the Court directed that the amount of damages would be determined at a proof hearing before Magistrate Judge Shipp, pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Judge Shipp held a proof hearing on May 11, 2011, and requested submissions from the parties. On January 27, 2012, Magistrate Judge Shipp issued a Report and Recommendation ( R&R ), pursuant to FED . R. CIV . P. 72(b), L. CIV . R. 72.1(a)(2), and 28 U.S.C. § 636(b)(1)(B) [docket entry 53]. The R&R recommends that the Court award Plaintiff a judgment in the amount of $482,419.14. This judgment encompasses Magistrate Judge Shipp s recommendation that the Court deny the request for prejudgment interest and grant the request for post-judgment interest. 1 Originally, Trane Inc. ( Trane ) was also a Defendant in this action, however, Plaintiff settled with Trane and the Court entered a Stipulation of Dismissal on June 28, 2010. Title 28 U.S.C. § 636(b)(1)(C) provides that within ten days of service of the magistrate judge s recommended disposition, any party to the action may file specific written objections to the magistrate judge s proposed findings and recommendations. The statute also provides that a district judge must conduct a de novo review of those portions of the magistrate judge s R&R to which objection is made. The time for filing objections to Magistrate Judge Shipp s R&R expired on February 10, 2012. To date, no objections have been filed. This Court has reviewed the January 27, 2012 R&R under the appropriate standards, and it agrees with Magistrate Judge Shipp s analysis and conclusion. Therefore, the January 27, 2012 R&R is hereby adopted as the Opinion of the Court. The Court will enter default judgment in favor of Plaintiff in the amount of $482,419.14, plus post-judgment interest. An appropriate Judgment shall be entered. s/ Stanley R. Chesler STANLEY R. CHESLER United States District Judge Dated: February 15, 2012
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