PBR Sales, LLC v. Liberty Petroleum Trading International, LLC
- Philip Halpern
- 7:18-cv-11639
- U.S. District Court · Southern District of New York
- 2
In PBR Sales v. Liberty Petroleum, Judge Halpern adopted a damages recommendation and entered a $3,583,307.69 default judgment against PBR Sales.
Liberty Petroleum Trading International, LLC received a $3,583,307.69 judgment against PBR Sales, LLC, and the action was terminated.
What happened
PBR Sales, LLC sued Liberty Petroleum Trading International, LLC for breach of contract. Liberty asserted counterclaims for breach of contract and negligent representation. The court later dismissed PBR Sales’s claims for failure to prosecute, and Liberty obtained a default judgment on liability for its counterclaims.
A magistrate judge recommended awarding Liberty $3,583,307.69 in damages after an inquiry into the amount owed. The opinion states that the district court reviewed the recommendation and the evidence and documents discussed in it.
Judge Philip M. Halpern found no clear error, accepted and adopted the recommendation in full, and awarded Liberty $3,583,307.69 against PBR Sales. The clerk was directed to enter judgment for Liberty and terminate the action.
The detailed version
- PBR Sales, LLC v. Liberty Petroleum Trading International, LLC · No. 7:18-cv-11639
- Philip Halpern
- July 29, 2020
Background
PBR Sales, LLC brought this action against Liberty Petroleum Trading International, LLC seeking damages for breach of contract. Liberty asserted counterclaims against PBR Sales for breach of contract and negligent representation.
On November 20, 2019, the court dismissed PBR Sales’s claims for failure to prosecute under Federal Rule of Civil Procedure 41(b). The Clerk then entered a certificate of default against PBR Sales. On February 26, 2020, Judge Briccetti granted Liberty’s motion for default judgment as to liability and referred the issue of damages to Magistrate Judge Davison for an inquest.
Report and Recommendation
Magistrate Judge Davison issued a report and recommendation on June 22, 2020, recommending that the court enter judgment against PBR Sales for $3,583,307.69. The district court explained that, when no objections are made to a magistrate judge’s report, it may adopt the report if there is no clear error on the face of the record.
Ruling
Judge Philip M. Halpern reviewed the report and the evidence and documents discussed in it. The court found no clear error, accepted the report in its entirety, and adopted its stated reasons. It awarded Liberty damages of $3,583,307.69 against PBR Sales.
The Clerk was directed to enter judgment in favor of Liberty and against PBR Sales for $3,583,307.69 and to terminate the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.