Singer Coney LLC v. Pepper Palace, Inc.

Summary

The United States District Court for the Eastern District of New York adopts a magistrate judge’s report and recommendation concerning Singer Coney LLC’s motion for default judgment against Pepper Palace, Inc. The court awards $112,371.69 in unpaid rent, $4,494.85 in late charges, and post-judgment interest, while denying without prejudice requests for accelerated rent, related late charges and interest, attorneys’ fees, and costs.

Holdings

1. When no timely objections are filed, the district court need only determine whether the record contains clear error on its face; finding none, the court may adopt the report and recommendation in its entirety.
2. Singer Coney was entitled to default judgment for $112,371.69 in unpaid rent and $4,494.85 in late charges on the unpaid rent, together with post-judgment interest under 28 U.S.C. § 1961(a).
3. The requests for default judgment on accelerated rent, late charges applicable to accelerated rent, interest, attorneys' fees, and costs were denied without prejudice, subject to renewal with the information identified in the report and recommendation.

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation when no timely objections were filed.
2. Whether Singer Coney was entitled to default judgment for unpaid rent and late charges.
3. Whether Singer Coney was entitled at that stage to default judgment for accelerated rent, related late charges, interest, attorneys' fees, and costs.

Disposition

other