1:17-cv-00326•US Foods, Inc. v. EBA Trust, Inc. et al
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE US Foods, Inc. v. EBA Trust, Inc. et al Case No. 17-cv-326-LM ORDER No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated July 18, 2018, and (1) grant US Foods’ motion for default judgment (doc. no. 14) on Counts I and II; (2) deny as moot US Foods’ motion for default judgment as to Counts III, IV, and V; (3) award US Foods $145,670.22 in past due invoices plus interest accrued since October 31, 2017 and continuing at a rate of 1.5% on the awarded outstanding invoice balance of $133,642.40 until judgment is entered; (4) direct the Clerk of Court to impose post-judgment interest; and (5) deny US Foods’ request for attorneys’ fees and costs without prejudice to renewal within fifteen (15) days of the date of this order. “‘[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and those not preserved by such objection are precluded on appeal.’” School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary of Case 1:17-cv-00326-LM Document 17 Filed 08/13/18 Page 1 of 2
Health & Human Servs., 848 F.2d 271, 275 (1st Cir.1988)); see also United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after proper notice, failure to file a specific objection to magistrate's report will waive the right to appeal). ____________________________ Landya B. McCafferty United States District Judge Date: August 13, 2018 cc: Maria Vathis, Esq. Stephen L. Rossetti, Jr., Esq. Case 1:17-cv-00326-LM Document 17 Filed 08/13/18 Page 2 of 2
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