Pedro Salome v. Metro Cheese Inc. and Michael Ciaravino

Summary

The United States District Court for the Eastern District of New York adopted a magistrate judge’s Report and Recommendation concerning the plaintiff’s motion for default judgment against Metro Cheese Inc. The court denied the motion without prejudice because the plaintiff failed to comply with local requirements for seeking entry of default and default judgment, including service and affidavit requirements. The plaintiff was granted leave to renew the motion in compliance with the Report and Recommendation and the court’s Local Civil Rules.

Holdings

1. When no timely objection is filed to a magistrate judge's Report and Recommendation, the district court need only determine whether the record contains clear error on its face; finding none, the court may adopt the recommendation.
2. A motion for default judgment may be denied without prejudice when the plaintiff fails to comply with the court's Local Civil Rules and the affidavit requirements applicable to default proceedings.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no party filed a timely objection.
2. Whether plaintiff's motion for default judgment should be denied without prejudice because plaintiff failed to comply with the Federal Rules of Civil Procedure and the court's Local Civil Rules.

Disposition

other