US Alliance Federal Credit Union v. M/V Kamara Family et al, No. 1:2020cv01733 - Document 21 (E.D.N.Y. 2021)
Court Description: MEMORANDUM DECISION AND ORDER. I adopt the R&R in its entirety. The plaintiff's motion for default judgment is denied without prejudice. If the plaintiff decides to renew its motion for default judgment, it must do so no later than June 4, 2021, in accordance with this Court's local rules as outlined inJudge Bulsara's R&R. Ordered by Judge Ann M. Donnelly on 5/5/2021. (Greene, Donna)
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US Alliance Federal Credit Union v. M/V Kamara Family et al Case 1:20-cv-01733-AMD-SJB Document 21 Filed 05/05/21 Page 1 of 2 PageID #: 144 Doc. 21 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK X US ALLIANCE FEDERAL CREDIT UNION, Plaintiff, MEMORANDUM DECISION AND ORDER - against 20-CV-1733(AMD)(SJB) MA^ KAMARA FAMILY a/k/a SOULSTICE, etal. Defendants. X ANN M.DONNELLY, United States District Judge: On April 8, 2020, the plaintiff brought this admiralty and maritime foreclosure action in rem against the M/V Kamara Family a.k.a. Soulstice, a 2013 Azimut Cruiser Flybridge 40(the "Vessel") and in personam against the Vessel's owner, Ruslan Agarunov. (ECF No. 1.) On December 30, 2020, the plaintiff moved for default judgment and an order of sale. (ECF No. 18.) I referred the plaintiffs motion to Magistrate Judge Sanket J. Bulsara on January 4, 2021. Judge Bulsara issued a Report and Recommendation ("R&R")on April 16, 2021, in which he recommends that the motion for defaultjudgment be denied without prejudice to renewal. (ECF No. 19.) Judge Bulsara observed that the plaintiffs motion contained multiple procedural defects, including that the plaintiff did not "cite to a single case or statutory authority explaining Plaintiffs entitlement to the relief sought," "indicate in the Complaint or the motion whether any other person has an interest in the Vessel," or "demonstrate entitlement to much of the relief, including the damages and fees, sought." {Id. at 1-3.) In addition, the plaintiffs request for attorneys' fees was deficient. {Id. at 3.) Neither party has filed an objection to the R&R and the time to do so has passed. Dockets.Justia.com Case 1:20-cv-01733-AMD-SJB Document 21 Filed 05/05/21 Page 2 of 2 PageID #: 145 A district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. ยง 636(b)(1). To accept those portions of the report and recommendation to which no timely objection has been made,"a district court need only satisfy itself that there is no clear error on the face of the record." Jarvis V. N. Am. Globex Fund LP., 823 F. Supp. 2d 161, 163 (E.D.N.Y. 2011)(internal quotation marks omitted). I have reviewed Judge Bulsara's thorough and well-reasoned R&R and find no error. Accordingly, 1 adopt the R&R in its entirety. The plaintiffs motion for default judgment is denied without prejudice. If the plaintiff decides to renew its motion for default judgment, it must do so no later than June 4, 2021, in accordance with this Court's local rules as outlined in Judge Bulsara's R&R. SO ORDERED. s/Ann M. Donnelly ANN M. DONNELLY United States District Judge Dated: Brooklyn, New York May 5, 2021
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