Robles v. Lambsbreath LLC
- Rochon
- 1:24-cv-07501
- U.S. District Court · Southern District of New York
- 3
In Robles v. Lambsbreath LLC, Judge Rochon adopted the recommendation and ordered default judgment, while damages and other relief remained for later review.
Primitivo Robles obtained an order directing entry of default judgment against Lambsbreath LLC, while the amount of damages and any injunctive relief or attorney’s fees remained to be addressed. Lambsbreath LLC filed no objections to the magistrate judge’s recommendation, according to the opinion.
What happened
In Primitivo Robles v. Lambsbreath LLC, the clerk had entered a certificate of default against Lambsbreath LLC, doing business as Lamb’s Bread Dispensary. Robles then asked the court for default judgment, damages, an injunction, and other relief.
A magistrate judge recommended entering default judgment and sending the remaining issues—damages, injunctive relief, and attorney’s fees—for a later review. No party objected within the required 14-day period, so the court reviewed the recommendation only for clear error.
Judge Jennifer L. Rochon found no clear error and adopted the recommendation in full. The clerk was directed to enter default judgment for Robles, and the matter was referred to the magistrate judge for recommendations about damages, injunctive relief, and attorney’s fees.
The detailed version
- Robles v. Lambsbreath LLC · No. 1:24-cv-07501
- Rochon
- Apr. 18, 2025
Background
Lambsbreath LLC, doing business as Lamb’s Bread Dispensary, was the defendant. After the Clerk of Court entered a certificate of default, Primitivo Robles moved for default judgment, damages, injunctive relief, and other relief. The opinion does not describe the underlying claims or the amount of damages requested.
The district court referred the motion to Magistrate Judge Netburn. Judge Netburn issued a report and recommendation on March 6, 2025, recommending that the court enter default judgment and then refer the matter back to her for an inquiry into damages, injunctive relief, and attorney’s fees.
Review of the Recommendation
A report and recommendation is a magistrate judge’s proposed decision for the district judge. The recommendation gave the defendant 14 days to file objections and warned that failing to do so would waive objections for purposes of appeal. That period expired without any objections. The district court therefore reviewed the uncontested recommendation for clear error, meaning an obvious mistake apparent from the record.
Ruling
Judge Jennifer L. Rochon concluded that the recommendation was comprehensive and contained no clear error. The court adopted Magistrate Judge Netburn’s recommendation in its entirety. It directed the Clerk of Court to enter default judgment in favor of Robles. The court also directed that the matter be referred to Magistrate Judge Netburn for recommendations concerning the appropriate award of damages, injunctive relief, and attorney’s fees. The opinion did not itself set those amounts or decide whether any particular form of injunctive relief or attorney’s-fee award would be granted.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.