US Diagnostics, L.L.C. v. Dependable Diabetic Supply, L.L.C. et al
| US Diagnostics, L.L.C. |
| Dependable Diabetic Supply, L.L.C., Suncoast Billing Solutions, L.L.C., Jonathan J. Johnson and John Does |
| 1:2013cv06480 |
| September 13, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Andrew L. Carter |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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Filing
41
ORDER adopting 40 Report and Recommendations. On September 13, 2013, Plaintiff US Diagnostics, LLC ("US Diagnostics") commenced this action against Defendants Dependable Diabetic Supply ("DDS"), Suncoast Billing Solutions, LLC ("Suncoast"), and pro se Defendant Jonathan Johnson, alleging breach of contract, tortious interference, and conversion. (ECF No. 1.) Following an entry of default judgment against Defendants, the Court referred the matter to Magis trate Judge Rodney L. Ellis for a report and recommendation (the "Report") on damages. (ECF Nos. 36, 38.) Judge Ellis held an inquest on October 9, 2014, and filed the Report on August 13, 2015, recommending an award to Plaintiffs of &# 036;98,175.54, plus interest. (ECF No. 40.) Having reviewed the Report, to which no objection was made, the Court finds no clear factual or legal error and adopts the Report in its entirety. The Clerk of Court is directed to enter jud gment for US Diagnostics, LLC, against Defendants Dependable Diabetic Supply, Suncoast Billing Solutions, LLC, and pro se Defendant Jonathan Johnson as follows: $98,175.54 in damages, and $8,622.27 in interest fees through August 27, 2015, increased proportionally applying a nine-percent per annum rate for each day after August 27, 2015, until this judgment is entered. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 1/11/2016) (mro)
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