American Empire Surplus Lines Insurance Company v. B & B Iron Works Corporation

E.D. New York

American Empire Surplus Lines Insurance Company v. B & B Iron Works Corporation

District Court, E.D. New York·Decided September 6, 2022·No. 1:18-cv-06384·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK nsiithiieein seen a □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ sae AMERICAN EMPIRE SURPLUS : LINES INSURANCE COMPANY, : Plaintiff, v. ORDER 18-CV-6384 (WFK)(ST) B & B IRON WORKS CORPORATION, : . Defendant. : nen nee een emnca □□□ K WILLIAM F. KUNTZ, II, United States District Judge: On August 19, 2022, the Honorable Magistrate Judge Steven Tiscionc issued a Report and Recommendation (“R&R”) recommending Plaintiff be awarded $500,516.00 in damages representing unpaid premiums, together with prejudgment interest on that award at a rate of 9% per annum from August 21, 2018 until the date of judgment, and that Plaintiff be denied an award of attorney’s fees. See ECF No. 55. The parties did not file any objections to the R&R, which were due by Friday, September 2, 2022. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2). The Court reviews an R&R for clear error when no objections have been filed. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007) (Garaufis, J.). The Court finds no such error here and therefore adopts the R&R in its entirety. The Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 46. SO ORDERED. s/ WFK BOR Fura C7 UNITED STATES DIS PRICT JUDGE Dated: September 6, 2022 Brooklyn, New York

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK nsiithiieein seen a □□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ sae AMERICAN EMPIRE SURPLUS : LINES INSURANCE COMPANY, : Plaintiff, v. ORDER 18-CV-6384 (WFK)(ST) B & B IRON WORKS CORPORATION, : . Defendant. : nen nee een emnca □□□ K WILLIAM F. KUNTZ, II, United States District Judge: On August 19, 2022, the Honorable Magistrate Judge Steven Tiscionc issued a Report and Recommendation (“R&R”) recommending Plaintiff be awarded $500,516.00 in damages representing unpaid premiums, together with prejudgment interest on that award at a rate of 9% per annum from August 21, 2018 until the date of judgment, and that Plaintiff be denied an award of attorney’s fees. See ECF No. 55. The parties did not file any objections to the R&R, which were due by Friday, September 2, 2022. See 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b)(2). The Court reviews an R&R for clear error when no objections have been filed. See Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007) (Garaufis, J.). The Court finds no such error here and therefore adopts the R&R in its entirety. The Clerk of Court is respectfully directed to terminate the motion pending at ECF No. 46. SO ORDERED. s/ WFK BOR Fura C7 UNITED STATES DIS PRICT JUDGE Dated: September 6, 2022 Brooklyn, New York

American Empire Surplus Lines Insurance Company v. B & B Iron Works Corporation, (E.D.N.Y. 2022).

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