United States of America v. United States Environmental Universal Services, Inc. et al
| United States of America |
| United States Environmental Universal Services, Inc., Palonia Development & Preservation Services Co., LLC and First Sealord Surety, Inc. |
| Palonia Development & Preservation Services Co., LLC, United States Environmental Universal Services, Inc. and First Sealord Surety, Inc. |
| United States Environmental Universal Services, Inc. and Palonia Development & Preservation Services Co., LLC |
| 7:2011cv00730 |
| February 2, 2011 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Cathy Seibel |
| Miller Act |
| 40 U.S.C. ยง 270 |
| Defendant |
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Filing
72
ORDER ADOPTING REPORT AND RECOMMENDATION: Before the Court is the Report and Recommendation of Magistrate Judge Paul E. Davison dated July 15, 2014 (the "R&R"). (Doc. 71.) No objections have been received. I have reviewed the R&R for cl ear error and find none. Accordingly, the R&R is hereby adopted as the decision of the Court. The Clerk of Court is respectfully directed to enter judgment against Defendant Palonia Development & Preservation Services Co. LLC ("Palonia" ), and in favor of Plaintiff National Development & Construction Corp., ("NDC"), on NDC's breach of contract claim against Palonia, in the principal amount of $120,000.00, plus prejudgment interest in the amount of $48,70 4.74, plus additional prejudgment interest at the rate of $29.59 per day from July 15, 2014 until the date judgment is entered. All other claims having been disposed of (save those against First Sealord Surety, Inc., which was liquidated by the Commonwealth of Pennsylvania in or about March 2012), the Clerk of Court is also respectfully directed to close the case. (Signed by Judge Cathy Seibel on 9/2/2014) (lnl)
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Filing
63
ORDER ADOPTING REPORT AND RECOMMENDATION: Before the Court is the Report and Recommendation ("R&R") of Magistrate Judge George A. Yanthis, dated October 30, 2013, (Doc. 61), recommending that a judgment of default be entered against Defenda nt Palonia Development & Restoration Services Co., LLC ("Palonia"). No objections to the R&R have been filed, so I review it for clear error. No error clear or otherwise being apparent, the R&R is hereby adopted as the decision of the Court . Defendant Palonia is hereby declared in default, and a default judgment will be entered against it in an amount to be determined after an inquest. The Clerk of Court is respectfully directed to re-designate this matter to Magistrate Judge Davison, to whom the undersigned will refer the case for an inquest as to damages for both Defendant Palonia and Defendant United States Environmental Universal Services, Inc. (See Docs. 57, 60.) (Signed by Judge Cathy Seibel on 11/20/2013) (lnl)
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Filing
50
ORDER ADOPTING REPORT AND RECOMMENDATION: Before the Court is the Report and Recommendation ("R&R") of Magistrate Judge George A. Yanthis, dated April 22, 2013, (Doc. 47), recommending that the cross-claim of Defendant United States Environ mental Universal Services, Inc. ("USEUS") be dismissed with prejudice for failure to prosecute. No objections to the R&R have been filed, so I review it for clear error. No error, clear or otherwise, being apparent, the R&R is hereby adopted as the decision of the Court, and the cross-claim of USEUS is hereby dismissed with prejudice. (Signed by Judge Cathy Seibel on 5/13/2013) (lnl)
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