Medina v. The City of New York

Opinion

ph Sms Ne □ il fue we AP eh 6 CERCPRONTCALLY □□□ | LAXCH: □ UNITED STATES DISTRICT COURT ee ee OLIN DATED FILED: 2/8) 22> | SOUTHERN DISTRICT OF NEW YORK pA pee a penne eee ee nee ene K ZAHIRAH MEDINA, Plaintiff, 20 CIVIL 797 (VEC) -against- JUDGMENT THE CITY OF NEW YORK, GORDON’S AUTO SALES, LLC, New York City Police Department Officer CHRISTOPHER WINTERMUTE Shield No. 3805, and Police Officers JOHN DOES 1, 2, 3, etc. (the name John Doe being fictitious as the true names of said officers are currently not known), all of whom are sued in their individual capacities, Defendants. pee nee eee ee eee X

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated February 7, 2022, the R&R is adopted in full. The Court has awarded Ms. Medina $56,081.65 in damages against Defendant Gordon’s Auto Sales, LLC, including: (1) $38,880.00 in compensatory damages; (2) $10,000.00 for emotional distress; (3) $5,938.10 in lost wages; and (4) costs in the amount of $1,263.55, as well as (5) post-judgment interest pursuant to 28 U.S.C. § 1961 from January 15, 2021 - the date of default judgment - until the date of Gordon's payment. Because the R&R gave the parties adequate warning, see R&R at 21-22, the failure to file any objections to the R&R precludes appellate review of this decision, see Mario v. P & C Food Markets, Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrates decision."). Because appellate review is precluded, the Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that

any appeal from the Order would not be taken in good faith, and, therefore, permission to proceed in forma pauperis for purposes of appeal is denied; accordingly, the case is closed. Dated: New York, New York February 8, 2022

RUBY J. KRAJICK Clerk of Court BY: y 1 j Deputy Cler