Assure Global, LLC v. Anderson
- Lewis Liman
- 1:21-cv-05785
- U.S. District Court · Southern District of New York
- 4
In Assure Global v. Anderson, Judge Cave gave Assure one final chance to prove damages after defendants defaulted and liability was established.
Assure Global, LLC must provide additional evidence supporting its damages request. Aaron Anderson and Axxeum, LLC, who defaulted, may respond to the supplemental submission or request an in-court hearing.
What happened
Assure Global, LLC sued Aaron Anderson and Axxeum, LLC, alleging that they breached a contract concerning nitrile gloves. The defendants defaulted, and Judge Lewis J. Liman previously granted default judgment on liability but denied damages.
Assure’s damages submission did not adequately address the problems identified in the earlier order. It did not provide evidence supporting its claim that the nonconforming gloves were worthless, substantiate the alleged cost of replacing gloves it never received, or identify a legal basis for recovering attorneys’ fees.
In this order, Judge Sarah L. Cave gave Assure one final opportunity to supplement its damages submission by May 16, 2025, and set deadlines for any response from the defendants. No damages amount was awarded in this order; if the defendants did not request a hearing or respond, Judge Cave stated that she intended to recommend a damages determination based only on the written submissions.
The detailed version
- Assure Global, LLC v. Anderson · No. 1:21-cv-05785
- Lewis Liman
- May 1, 2025
Background
Assure Global, LLC alleged that Aaron Anderson and Axxeum, LLC breached a contract involving the purchase and sale of nitrile gloves. The defendants defaulted. On January 16, 2025, Judge Lewis J. Liman granted Assure’s third motion for default judgment as to liability but denied it as to damages.
Judge Liman identified three problems that prevented the court from calculating damages with reasonable certainty:
- Assure sought the full price of gloves it did not receive and inferior gloves it received but did not resell, without accounting for the value of the inferior gloves it accepted.
- Assure appeared to count twice the $20,800 it paid to cover 160,000 gloves it never received.
- Assure requested attorneys’ fees without identifying a statute or contract provision authorizing those fees for its breach-of-contract claim.
Judge Liman referred the matter to Magistrate Judge Sarah L. Cave for an inquest concerning damages. Judge Cave directed Assure to submit proposed findings and supporting evidence addressing the identified defects.
Deficiencies in Assure’s Submission
Judge Cave found that Assure made only a perfunctory effort to address the problems. Assure stated, without evidentiary support, that the nonconforming gloves were “worthless.” The order also noted that Assure had not submitted evidence supporting its claim that it had purchased replacement gloves from another vendor at an additional cost of five cents per unit. Assure did not identify the vendor or purchase date and did not provide invoices or purchase orders.
Assure also renewed its request for attorneys’ fees without identifying a statute or contractual provision supporting recovery. Judge Cave therefore concluded that the court remained unable to calculate damages with reasonable certainty.
Ruling and Next Steps
Judge Cave gave Assure one final opportunity to supplement its damages submission by May 16, 2025. Assure was directed to serve the order and any supplemental submission on the defendants by that date and file proof of service. The defendants were permitted to respond by May 30, 2025.
The order did not award damages or set a damages amount. If the defendants did not respond or contact Judge Cave’s chambers to request an in-court hearing by May 30, 2025, Judge Cave stated that she intended to issue a report and recommendation concerning damages based on Assure’s written submissions alone.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.