Avalon Risk Management Insurance Agency, L.L.C. v. Taylor et al
| Avalon Risk Management Insurance Agency, L.L.C. |
| Gregory Taylor, Adele Rossano, John Rossano, James Rossano and John Does |
| 1:2012cv03934 |
| May 17, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Debra C. Freeman |
| Barbara S. Jones |
| Other Fraud |
| 28 U.S.C. ยง 1332 fr Diversity-Fraud |
| None |
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Filing
167
ORDER re: 163 Motion for Sanctions filed by Avalon Risk Management Insurance Agency, L.L.C.. It is hereby ORDERED that the Report is ADOPTED in its entirety. A district court "may accept, reject, or modify, in whole or in part, the find ings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). The district court "may adopt those portions of the report to which no 'specific, written objection' is made, as long as the factual and legal ba ses supporting the findings and conclusions set forth in those sections are not clearly erroneous or contrary to law." Adams v. N.Y. State Dep't of Educ., 855 F. Supp. 2d 205, 206 (S.D.N.Y. 2012) (citing Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149 (1985)). The factual and legal bases underlying the well-considered Report are neither clearly erroneous nor contrary to law. Accordingly, the Report is adopted in its entirety as the decision of the Court. Plaintiff is awar ded $112,451.79 in damages, as well as prejudgment interest. Plaintiff's motion for sanctions is denied. The Clerk of Court is directed to close the motion at Dkt. No. 163 and enter judgment in favor of Plaintiff in the amount of $112,451.79 plus prejudgment interest, which shall be calculated at nine percent per annum from May 17, 2012, to the date of final judgment. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/12/2016) (kgo)
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Filing
152
OPINION AND ORDER re: 139 MOTION for Summary Judgment . filed by Avalon Risk Management Insurance Agency, L.L.C.. For the foregoing reasons, Plaintiff's motion for summary judgment is GRANTED as to its fraud claim and DENIED as to its claims for misappropriation and conversion. The Clerk of Court is respectfully directed to close the motion at Docket No. 139. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/16/2015) (kgo)
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Filing
147
ORDER AND OPINION re: 136 REPORT AND RECOMMENDATION. For the reasons stated above, the Report is adopted in its entirety. Accordingly, the Chalos Firm's application to fix a retaining lien is DENIED. (Signed by Judge Lorna G. Schofield on 4/20/2015) (kgo) Modified on 4/21/2015 (kgo).
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