M & J Mechanical Corp. v. Caldwell & Walsh Building Construction, Inc.

S.D. New York

M & J Mechanical Corp. v. Caldwell & Walsh Building Construction, Inc.

DecidedJuly 9, 2025

Docket1:24-cv-03336

StatusUnknown

This text of M & J Mechanical Corp. v. Caldwell & Walsh Building Construction, Inc. (M & J Mechanical Corp. v. Caldwell & Walsh Building Construction, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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M & J Mechanical Corp. v. Caldwell & Walsh Building Construction, Inc., (S.D.N.Y. 2025).

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DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK ea. ee DATE FILED:__7/9/2025 M&J MECHANICAL CORP., Plaintiff, -against- 24-CV-03336 (MMG) (RWL) CALDWELL & WALSH BUILDING aS CONSTRUCTION, INC., and MICHAEL REPORT & FERRONE, RECOMMENDATION Defendants.

MARGARET M. GARNETT, United States District Judge: On October 3, 2024, the Court granted Plaintiff M&J Mechanical Corp.’s motion for default judgment against Defendant Caldwell & Walsh Building Construction, Inc. (“Caldwell”), on Counts 1, 2, 3, 4, 5, and 6 of the Complaint and default judgment against Defendant Michael Ferrone on Counts 5 and 6 of the Complaint, and referred the matter to Magistrate Judge Robert W. Lehrburger for a damages inquest. See Dkt. Nos. 24, 25. On April 23, 2025, Magistrate Judge Lehrburger issued a Report and Recommendation recommending that Plaintiff be awarded damages from Caldwell only, in the amount of $2,751,245.34 plus interest.! See Dkt. No. 39 (the “R&R”). The R&R notified the parties that they had 14 days to file written objections to Magistrate Judge Lehrburger’s recommendations and warned that failure to timely file such objections would result in waiver of any right to object. See Dkt. No. 39 at 19. Despite notification of the right to object to the R&R, no objections were filed. Where no timely objections are made, the Court may adopt the R&R as long as there is no clear error on the face of the record. Sacks v. Gandhi Eng’g, Inc., 999 F. Supp. 2d 629, 632 (S.D.N.Y. 2014).

! The Report and Recommendation recommends that M&J Mechanical Corp. be awarded statutory interest, up to the time of judgment, at the rate of 1% per month, or 12% per annum, starting from March 27, 2024. See Dkt. No. 39 at 18.

As there are no objections and as the Court reviewed the record and finds no clear error, the Court hereby adopts the R&R in its entirety. The Clerk of Court is respectfully directed to enter judgment accordingly and to CLOSE the case. Dated: July 9, 2025 New York, New York SO ORDERED. wings emer — United States District Judge

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DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK ea. ee DATE FILED:__7/9/2025 M&J MECHANICAL CORP., Plaintiff, -against- 24-CV-03336 (MMG) (RWL) CALDWELL & WALSH BUILDING aS CONSTRUCTION, INC., and MICHAEL REPORT & FERRONE, RECOMMENDATION Defendants.

MARGARET M. GARNETT, United States District Judge: On October 3, 2024, the Court granted Plaintiff M&J Mechanical Corp.’s motion for default judgment against Defendant Caldwell & Walsh Building Construction, Inc. (“Caldwell”), on Counts 1, 2, 3, 4, 5, and 6 of the Complaint and default judgment against Defendant Michael Ferrone on Counts 5 and 6 of the Complaint, and referred the matter to Magistrate Judge Robert W. Lehrburger for a damages inquest. See Dkt. Nos. 24, 25. On April 23, 2025, Magistrate Judge Lehrburger issued a Report and Recommendation recommending that Plaintiff be awarded damages from Caldwell only, in the amount of $2,751,245.34 plus interest.! See Dkt. No. 39 (the “R&R”). The R&R notified the parties that they had 14 days to file written objections to Magistrate Judge Lehrburger’s recommendations and warned that failure to timely file such objections would result in waiver of any right to object. See Dkt. No. 39 at 19. Despite notification of the right to object to the R&R, no objections were filed. Where no timely objections are made, the Court may adopt the R&R as long as there is no clear error on the face of the record. Sacks v. Gandhi Eng’g, Inc., 999 F. Supp. 2d 629, 632 (S.D.N.Y. 2014).

! The Report and Recommendation recommends that M&J Mechanical Corp. be awarded statutory interest, up to the time of judgment, at the rate of 1% per month, or 12% per annum, starting from March 27, 2024. See Dkt. No. 39 at 18.

As there are no objections and as the Court reviewed the record and finds no clear error, the Court hereby adopts the R&R in its entirety. The Clerk of Court is respectfully directed to enter judgment accordingly and to CLOSE the case. Dated: July 9, 2025 New York, New York SO ORDERED. wings emer — United States District Judge

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M & J Mechanical Corp. v. Caldwell & Walsh Building Construction, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-j-mechanical-corp-v-caldwell-walsh-building-construction-inc-nysd-2025.

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