Experience Hendrix, L.L.C. v. Pitsicalis
- Paul Engelmayer
- 1:17-cv-01927
- U.S. District Court · Southern District of New York
- 3
In Experience Hendrix v. Pitsicalis, Judge Engelmayer adopted damages and injunction recommendations after defendants failed to object.
The order affected plaintiffs Experience Hendrix, L.L.C. and the defendants Leon Hendrix, Carmen Cottone, and Green Cures and Botanical Distribution, Inc. It awarded damages, attorneys’ fees, and costs against the defendants and provided for injunctions against them.
What happened
In Experience Hendrix, L.L.C. v. Pitsicalis, the court reviewed a magistrate judge’s recommendations after it had already entered a default judgment establishing the defendants’ liability. The recommendations addressed money damages, attorneys’ fees, costs, and injunctions against Leon Hendrix, Carmen Cottone, and Green Cures and Botanical Distribution, Inc.
No party objected to the recommendations. The court therefore reviewed them for clear error—an obvious mistake in the record—and found none.
Judge Engelmayer adopted the recommendations in full. The court awarded the specified trademark and copyright damages, attorneys’ fees, and costs, and said it would separately enter the recommended injunctions.
The detailed version
- Experience Hendrix, L.L.C. v. Pitsicalis · No. 1:17-cv-01927
- Paul Engelmayer
- July 24, 2020
Background
The court had previously entered a default judgment establishing liability against defendants Leon Hendrix, Carmen Cottone, and Green Cures and Botanical Distribution, Inc. The case was then referred to Magistrate Judge Gabriel W. Gorenstein for an inquest to determine damages.
Judge Gorenstein recommended awards against the defendants and recommended that the court enter the plaintiffs’ requested injunctions. The recommended awards were:
- Against Leon Hendrix: $240,000 in trademark damages, $125,000 in copyright damages, $36,445.19 in attorneys’ fees, and $573.34 in costs. - Against Carmen Cottone: $30,000 in trademark damages, $7,156.92 in attorneys’ fees, and $614.20 in costs. - Against Green Cures and Botanical Distribution, Inc.: $13,900.25 in attorneys’ fees and $2,491.60 in costs.
Review of the Recommendations
Under federal law, a district court may accept, reject, or modify a magistrate judge’s report and recommendation. Because no party filed objections, the court reviewed the report for clear error, meaning an obvious error visible from the record.
The court found no facial error in Judge Gorenstein’s conclusions. It also stated that the defendants’ failure to object waived appellate review of the recommendations.
Ruling
In Experience Hendrix, L.L.C. v. Pitsicalis, Judge Paul A. Engelmayer adopted Judge Gorenstein’s recommendations in their entirety. The court awarded the listed damages, attorneys’ fees, and costs against the three defendants and stated that it would separately enter the recommended injunctions. The court gave the parties until August 5, 2020, to identify any further action needed; otherwise, it said the case would be closed.
Disposition
The court adopted the damages and injunctive-relief recommendations in full and entered the stated monetary awards. This order followed the earlier default judgment on liability rather than deciding liability through a contested trial.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.