Precise Leads, Inc. v. National Brokers of America, Inc.
- Ronnie Abrams
- 1:18-cv-08661
- U.S. District Court · Southern District of New York
- 3
In Precise Leads v. National Brokers, Judge Abrams adopted the damages recommendation and awarded Precise Leads $90,552 plus interest, fees, and costs.
Precise Leads, Inc. received the monetary awards. National Brokers of America, Inc., which did not appear or respond, was the defendant against whom the default judgment and awards were entered.
What happened
Precise Leads, Inc. sued National Brokers of America, Inc., alleging that National Brokers breached a marketing services contract. National Brokers did not appear or respond, so the court entered a default judgment for Precise Leads.
The court referred the amount owed to Magistrate Judge Cave, who recommended damages, interest, attorneys’ fees, and costs. Neither party objected. The district court found one calculation typo in the recommended prejudgment interest and corrected it.
Judge Ronnie Abrams adopted the recommendation with that correction. The court awarded $90,552.00 in damages, $51,880.04 in prejudgment interest, post-judgment interest under federal law, $12,366.61 in attorneys’ fees, and $565.00 in costs, and directed the Clerk to close the case.
The detailed version
- Precise Leads, Inc. v. National Brokers of America, Inc. · No. 1:18-cv-08661
- Ronnie Abrams
- Feb. 13, 2020
Background
Precise Leads, Inc. brought the action against National Brokers of America, Inc., alleging a breach of the parties’ marketing services contract. National Brokers did not appear or respond to the complaint. The Clerk entered a certificate of default, and the court later granted Precise Leads’s motion for a default judgment after National Brokers failed to appear at a hearing to show why judgment should not be entered.
The court referred the case to a magistrate judge to determine damages. Magistrate Judge Cave issued a report and recommendation on January 21, 2020. She recommended awarding $90,552.00 in damages, $51,886.04 in prejudgment interest, post-judgment interest calculated under 28 U.S.C. § 1961, $12,366.61 in attorneys’ fees, and $565.00 in costs. She reduced the attorneys’ fees requested and found that Precise Leads had not substantiated part of its requested service-of-process costs. Neither party objected to the report.
Review of the Report
Because no objections were filed, the court reviewed the report for clear error, meaning an obvious mistake in the record. The court found one typographical error in the recommended prejudgment interest. The report listed $21,339.90 for the September 30, 2016 invoice, but the calculation actually produced $21,333.90. The court therefore changed the total prejudgment interest from $51,886.04 to $51,880.04.
Ruling
Judge Ronnie Abrams adopted Magistrate Judge Cave’s report and recommendation in its entirety except for that correction. The court ordered that Precise Leads be awarded $90,552.00 in damages, $51,880.04 in prejudgment interest, post-judgment interest calculated under 28 U.S.C. § 1961, $12,366.61 in attorneys’ fees, and $565.00 in costs. The Clerk was directed to mail the order to National Brokers and close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.