Weber Capital LLC v. Racaniello

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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WEBER CAPITAL LLC,
Plaintiff,
-against-
MICHAEL RACANIELLO,
Defendant.
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ORDER
24-CV-6258 (EK)(JAM)
ERIC KOMITEE, United States District Judge:
The Court has received Magistrate Judge Marutollo’s
Report and Recommendation (R&R) dated February 5, 2026. 	ECF No.
53. 	Judge Marutollo recommends that the Court grant plaintiff’s
motion for default judgment and dismiss defendant’s
counterclaim. 	Neither party has filed objections and the time
to do so has expired. 	Accordingly, the Court reviews Judge
Marutollo’s recommendation for clear error on the face of the
record. 	See Fed. R. Civ. P. 72(b) advisory committee’s note to
1983 addition; accord State Farm Mut. Auto. Ins. Co. v. Grafman,
968 F. Supp. 2d 480, 481 (E.D.N.Y. 2013).
Having reviewed the record, I find no error and
therefore adopt the R&R in its entirety. 	Thus, the Court grants
plaintiff’s motion for default judgment in the amount of
$515,000, as well as $405 in costs, plus post-judgment interest.
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Defendant’s counterclaim is dismissed with prejudice pursuant to
Fed. R. Civ. P. 41(b). 	The Court does not award pre-judgment
interest. 	See R&R 10 (“Plaintiff’s counsel is not seeking
attorneys’ fees or pre-judgment interest.”); see also Minute
Entry dated Oct. 8, 2025 (indicating the same).
The Clerk of Court is respectfully directed to enter
judgment and close this case.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	February 25, 2026
Brooklyn, New York
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