AEC Yield Capital, LLC v. American Home Energy, Inc.

• Court: District Court, E.D. New York
• Decided: June 21, 2024
• Docket: 1:21-cv-01479
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

NOT FOR ELECTRONIC AMERICAN HOME ENERGY INC. et al., OR PRINT PUBLICATION

Plaintiffs, ORDER

-against- 21-CV-1337 (ARR) (JAM)

AEC YIELD CAPITAL LLC et al.,

Defendants.

AEC YIELD CAPITAL LLC and AEC 51 YIELD LLC,

Plaintiffs,

-against- 21-CV-1479 (ARR) (JAM)

AMERICAN HOME ENERGY INC.,

Defendant.

ROSS, United States District Judge:

I have received a Report and Recommendation dated May 30, 2024, from the Honorable Joseph A. Marutollo, United States Magistrate Judge. R. & R., 21-CV-1479, ECF No. 28.1 The deadline for filing objections has passed and no objections have been filed. Accordingly, I have reviewed the Report and Recommendation for clear error on the face of the record. See Finley v.

1 The instant Report and Recommendation addresses a motion for default judgment in AEC Yield Capital LLC et al. v. American Home Energy Inc., No. 21-CV-1479 (ARR) (JAM) (E.D.N.Y.) (“21-CV-1479”). This action has been consolidated with American Home Energy Inc. et al. v. AEC Yield Capital LLC et al., No. 21-CV-1337 (ARR) (JAM) (E.D.N.Y.) (“21-CV-1337”). See Op. & Order, 21-CV-1337, ECF No. 22. In an Order dated September 27, 2023, I dismissed the Third Amended Complaint in 21-CV-1337 for failure to prosecute. See Op. & Order 9–11, 21-CV-1337, ECF No. 77. Trans Union, Experian, Equifax, No. 17-CV-371 (LDH) (LB), 2017 WL 4838764, at *1 (E.D.N.Y. Oct. 24, 2017) (citing Est. of Ellington ex rel. Ellington v. Harbrew Imps. Ltd., 812 F. Supp. 2d 186, 189 (E.D.N.Y. 2011)). Finding no clear error, I hereby adopt the Report and Recommendation, in its entirety, as the opinion of the Court pursuant to 28 U.S.C. § 636(b)(1).

Plaintiffs’ motion for default judgment is granted. The clerk of court is respectfully directed to enter judgment for plaintiffs in accordance with the Report and Recommendation.

SO ORDERED.

/s/ Allyne R. Ross United States District Judge

Dated: June 21, 2024 Brooklyn, New York