Interglobo Customs Broker, Inc. v. Sunderland Brothers Company
- George Daniels
- 1:19-cv-05723
- U.S. District Court · Southern District of New York
- 3
In Interglobo Customs Broker v. Sunderland Brothers, Judge Daniels adopted damages after default judgment and ordered payment to two Interglobo plaintiffs.
Interglobo Customs Broker, Inc. and Interglobo S.R.L. received the ordered monetary awards; Sunderland Brothers Company was ordered to pay the damages, interest, fees, and costs.
What happened
Interglobo Customs Broker, Inc. and Interglobo S.R.L. sued Sunderland Brothers Company for failing to pay amounts due for services related to transporting Sunderland’s cargo. The court had already entered a default judgment against Sunderland and sent the damages issue to Magistrate Judge James L. Cott.
Judge Cott recommended damages, interest, attorneys’ fees, and costs for both plaintiffs. No party objected to that recommendation, and the court reviewed it for clear error.
Judge George B. Daniels found no error and adopted the report in full. Sunderland was ordered to pay Interglobo Customs Broker, Inc. $12,468.86 in damages, interest calculated by the Clerk of Court, $1,941.53 in attorneys’ fees, and $200 in costs; Sunderland was also ordered to pay Interglobo S.R.L. $27,631 in damages, interest calculated by the Clerk of Court, and $200 in costs.
The detailed version
- Interglobo Customs Broker, Inc. v. Sunderland Brothers Company · No. 1:19-cv-05723
- George Daniels
- Jan. 24, 2020
Background
Interglobo Customs Broker, Inc. (ICB) and Interglobo S.R.L. (SRL) brought this action against Sunderland Brothers Company for failing to pay amounts due for services related to transporting Sunderland’s cargo. The opinion states that the court granted default judgment against Sunderland and referred the damages issue to Magistrate Judge James L. Cott for an inquest, a proceeding to determine the amount owed after a defendant fails to respond.
At Magistrate Judge Cott’s direction, the plaintiffs submitted legal briefing, affidavits, exhibits, and proof of service. Sunderland did not respond. The opinion also states that Magistrate Judge Cott determined that the court had personal jurisdiction over Sunderland based on a forum-selection clause in an agreement between ICB and Sunderland and New York’s long-arm statute.
Report and Recommendation
Magistrate Judge Cott recommended awarding ICB $12,468.86 in damages, prejudgment and postjudgment interest calculated by the Clerk of Court, $1,941.53 in attorneys’ fees, and $200 in costs. He recommended awarding SRL $27,631 in damages, prejudgment and postjudgment interest calculated by the Clerk of Court, and $200 in costs.
The parties were notified that failing to object timely would waive objections on appeal. No objections were filed. Because there were no objections, the court reviewed the report for clear error, meaning an obvious mistake after reviewing the record.
Ruling
Judge George B. Daniels found no clear error or other error in Magistrate Judge Cott’s report and adopted it in full. The court ordered Sunderland to pay ICB $12,468.86 in damages, interest calculated by the Clerk of Court, $1,941.53 in attorneys’ fees, and $200 in costs. The court separately ordered Sunderland to pay SRL $27,631 in damages, interest calculated by the Clerk of Court, and $200 in costs.
Disposition
The report was adopted, and the recommended monetary awards were ordered against Sunderland Brothers Company.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.