OEC Freight, Inc. v. Don Smith & Associates, Inc.
OEC Freight (NY), Inc., doing business as OEC Group v. Storlie Furniture Distributors, LLC, doing business as Storlies Furniture Group, and Don Smith & Associates, Inc., doing business as Express Office Furniture
- Andrew Carter
- 1:23-cv-06299
- U.S. District Court · Southern District of New York
- 2
In OEC Freight v. Storlie Furniture, Judge Carter entered $1,580,166.18 in damages against Don Smith & Associates after no response to a damages order.
OEC Freight (NY), Inc. received an award of $1,580,166.18 against Don Smith & Associates, Inc., which is also subject to post-judgment interest at the statutory rate from August 29, 2025.
What happened
OEC Freight (NY), Inc., doing business as OEC Group v. Storlie Furniture Distributors, LLC, doing business as Storlie Furniture Group, and Don Smith & Associates, Inc., doing business as Express Office Furniture concerned the amount of damages owed after the Court had entered default judgment against Don Smith & Associates, Inc.
The Court initially calculated interest and damages using figures that differed from OEC Freight’s submissions. OEC Freight responded with revised calculations, and the Court agreed that the revised interest was $649,428.05 and the total damages were $1,580,166.18. The Court then issued another order asking for responses, but received none.
The Court awarded OEC Freight $1,580,166.18 against Don Smith & Associates and ordered post-judgment interest at the statutory rate from the date of the order. Judge Andrew L. Carter, Jr. entered the order on August 29, 2025.
The detailed version
- OEC Freight, Inc. v. Don Smith & Associates, Inc. · No. 1:23-cv-06299
- Andrew Carter
- Aug. 29, 2025
Background
On June 6, 2025, the Court granted default judgment against Don Smith & Associates, Inc. A default judgment is a judgment entered against a defendant that has not defended the case. In that earlier order, the Court calculated compounded interest through June 6, 2025 as $647,589.62 and the total damages as $1,578,327.75.
Because those figures differed from OEC Freight’s submissions, the Court ordered the parties to show why damages based on the Court’s calculation should not be entered. OEC Freight responded on June 20, 2025 with revised calculations. The revised figures stated that the interest owed was $649,428.05 and that total damages were $1,580,166.18. The Court agreed with those calculations and issued a further order to show cause concerning the revised award. The opinion states that no response was received to that subsequent order.
Ruling
The Court awarded OEC Freight damages of $1,580,166.18 against Don Smith & Associates, Inc. The Court also stated that OEC Freight is entitled to post-judgment interest at the statutory rate under 28 U.S.C. § 1961, calculated from the date the order was entered. Judge Andrew L. Carter, Jr. entered the order on August 29, 2025.
Scope of the Order
The opinion addresses the damages award against Don Smith & Associates, Inc. It does not explain the underlying claims or state whether this order resolved the claims involving Storlie Furniture Distributors, LLC.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.