Frederick v. Wally Health, Inc.
- Clarke
- 1:23-cv-10363
- U.S. District Court · Southern District of New York
- 2
In Frederick v. Wally Health, Inc., Judge Clarke adopted the recommendation and ordered default judgment awarding Frederick $7,500 plus post-judgment interest and $2,522 in costs.
Shayna Frederick was awarded $7,500 in trebled statutory damages, post-judgment interest, and $2,522 in costs. Wally Health, Inc. was the entity against which default judgment was ordered.
What happened
In Frederick v. Wally Health, Inc., the defendants had defaulted, and the case was sent to Magistrate Judge Cave to review Shayna Frederick’s damages. Judge Cave recommended entering a default judgment against Wally Health, Inc. and awarding Frederick increased statutory damages, post-judgment interest, and costs.
The parties were given 14 days to object to the recommendation, but no objections or requests for more time were filed. The court therefore said the defendants waived their right to object and to seek appellate review. Even so, the court reviewed Frederick’s damages materials and the recommendation and found them well supported by the facts and law.
Judge Clarke adopted the recommendation in its entirety. The clerk was directed to enter default judgment against Wally Health, Inc., award Frederick $7,500 in trebled statutory damages, post-judgment interest under federal law, and $2,522 in costs, and close the case.
The detailed version
- Frederick v. Wally Health, Inc. · No. 1:23-cv-10363
- Clarke
- May 28, 2025
Background
After the defendants’ default, the matter was referred to Magistrate Judge Cave for a damages review and a report and recommendation. Magistrate Judge Cave recommended entering default judgment against Wally Health, Inc. and awarding Shayna Frederick trebled statutory damages, post-judgment interest, and costs. The opinion does not state the underlying statutory claim or explain the basis for the statutory damages.
Objections and Review
The report and recommendation gave the parties 14 days after service to file objections and warned that failing to do so would waive the right to object. No objections or requests for an extension were filed by the date of the order. The court therefore concluded that the parties had waived the right to object to the recommendation and to obtain appellate review.
Although no objections were filed, the court reviewed Frederick’s damages submission and the report and recommendation. Applying the required review standard, the court found the recommendation well reasoned and grounded in fact and law.
Ruling
Judge Clarke adopted the report and recommendation in its entirety. The clerk was directed to enter default judgment against Wally Health, Inc. and award Frederick $2,500 in statutory damages, trebled to $7,500; post-judgment interest under 28 U.S.C. § 1961; and $2,522 in costs. The clerk was also directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.