Order | Filed: September 30, 2026
| Entered: September 30, 2026
Ruocchio et. al. v. Doherty Enterprises, Inc. et. al.
Personal Inj. Prod. Liability | New York Eastern
Judgment - Default
DEFAULT JUDGMENT: It is ORDERED AND ADJUDGED that Judgment is entered in favor of Third-Party Plaintiff Freshway in the amount of $1,561,422.17 in damages in principal, prejudgment interest of $487,859.45 through August 11, 2026, and prejudgment interest as accrued pursuant to the applicable Federal Reserve discount rate plus 5% as required by Delaware law between August 11, 2026 and September 30, 2026. Ordered by Clerk of Court on 9/30/2026. (FA)
Order | Filed: September 29, 2026
| Entered: September 29, 2026
Ruocchio et. al. v. Doherty Enterprises, Inc. et. al.
Personal Inj. Prod. Liability | New York Eastern
Order Adopting Report and Recommendations Order on Report and Recommendations
ORDER:
Familiarity with the procedural history and background of this action is assumed herein.
As particularly relevant here, (1) by Order dated September 9, 2025, the Court adopted the July 25, 2025 Report and Recommendation of Magistrate Judge James M. Wicks, denied the Motion for Summary Judgment filed by Third-Party Defendant Andrew Smith Company, LLC ("ASC"), granted the Motion for Summary Judgment filed by Third-Party Plaintiff Fresh Unlimited, Inc. d/b/a Freshway Foods ("Freshway"), and referred the parties to Judge Wicks for an inquest hearing, see September 9, 2025 Order; and (2) on January 7, 2026, Judge Wicks held the inquest hearing, see January 7, 2026 Electronic Minute Order.
On August 11, 2026, Judge Wicks issued a Report and Recommendation (the "R&R") recommending "that the Court award Freshway $1,531,594.34 in damages in princip[al] plus prejudgment interest of $487,859.45 through August 11, 2026, plus any prejudgment interest that accrues between August 11, 2026, and the entrance of final judgment." See R&R at 43 (bold omitted), ECF No. 164. The Court notes, however, that the $1,531,594.34 figure appears to reflect a typographical error and that the R&R appears to have intended that figure to be $1,561,422.17, see R&R at 39-40 (setting forth in table format the amounts that Freshway is entitled to in principal, which amounts total $1,561,422.17), and the Court therefore construes the R&R to be recommending an award of the latter rather than the former.
No objection to the R&R has been filed and the time for filing objections has passed. See generally docket.
A district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. §&nbsp636(b)(1). "Where no objection to a Report and Recommendation has been timely made, the district court need only satisfy itself that there is no clear error on the face of the record." May v. Levy, 659 F. Supp. 3d 323, 332 (E.D.N.Y. 2023) (quotation omitted).
Upon clear error review, the Court adopts the R&R's recommendation that the Court award Freshway $1,561,422.17 in damages in principal, prejudgment interest of $487,859.45 through August 11, 2026, and any prejudgment interest that accrues between August 11, 2026 and the entry of final judgment. The Court hereby awards such amounts to Freshway.
The Clerk of Court is directed to enter judgment and close this case.
Ordered by Judge Diane Gujarati on 9/29/2026. (KEP)