Zhang v. Zhang

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------------------------------X : YUANYUAN ZHANG, : : Plaintiff, : : ORDER v. : 22-CV-2745 (WFK) (JRC) : CHUANRONG ZHANG, THE BELT AND : ROAD GROUP, INC., and HUI CHI CHANG, : : Defendants. : ---------------------------------------------------------------X WILLIAM F. KUNTZ, II, United States District Judge: On September 6, 2024, the Honorable Magistrate Judge James R. Cho issued a Report and Recommendation (“R&R”) recommending denying Plaintiff’s motion for attorney’s fees, granting in part Plaintiff’s motion for costs, and denying Plaintiff’s motion for a specific amount of post-judgment interest at this time. ECF No. 35; see also ECF Nos. 31, 34. The parties did not file any objections to the R&R, which were due by Friday, September 20, 2024. 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. Specifically, the Court DENIES Plaintiff’s motion for attorney’s fees, but GRANTS Plaintiff’s motion for $225.00 in costs. As Judge Cho noted, the Court already awarded Plaintiff pre-judgment interest in the amount of $38,211.49. See Order dated June 12, 2023, ECF No. 29. In addition, the Court DENIES Plaintiff’s motion to set post-judgment interest in the amount of $1,310.38; the motion is denied at this time because post-judgment interest continues to accrue until the “date of payment.” 28 U.S.C. § 1961(b). Plaintiff is directed to serve a copy of this Order by overnight mail and first-class mail on all Defendants, and by email on Defendants Chuanrong Zhang and The Belt and Road Group, Inc. Plaintiff’s counsel shall file proof of service on ECF by 5:00 P.M. on September 27, 2024.

SO ORDERED. s/ WFK ____________________________ HON. WILLIAM F. KUNTZ, II UNITED STATES DISTRICT JUDGE Dated: September 23, 2024 Brooklyn, New York