BMO Bank N.A. v. Gattani

Background

The court had previously entered default judgment against Prateek Gattani on liability. It then referred the case to Magistrate Judge Henry J. Ricardo for an inquest—an evidentiary process to determine the amount of damages. Judge Ricardo recommended that BMO Bank N.A. receive $10,550,000 in breach-of-contract damages plus fees, as well as interest accruing after judgment under 28 U.S.C. § 1961.

Review of the Recommendation

Because neither party filed objections, Judge Engelmayer reviewed the recommendation for clear error, meaning an obvious mistake on the face of the record. The court found no such error and adopted Judge Ricardo’s Report and Recommendation in its entirety.

Disposition

The court held that BMO was entitled to collect from Gattani $10,550,000 in breach-of-contract damages plus fees, together with post-judgment interest on that amount. The clerk was directed to mail BMO a copy of the decision and close the case. The court stated that the lack of objections precluded appellate review, declined to issue a certificate of appealability, and certified that any appeal would not be taken in good faith; it therefore denied permission to appeal without paying filing fees.

Classification Note

This is classified as a procedural order because the damages ruling followed a default judgment, which the classification rules treat as procedural rather than as an adversarial merits determination.