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S.D.N.Y.Procedural orderFiled Aug. 14, 2020

PMJ Capital Corp. v. The Lady Antoinette

Judge
Alison Nathan
Docket
1:16-cv-06242
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In PMJ Capital Corp. v. The Lady Antoinette, Judge Nathan granted default judgment against The Lady Antoinette and Frank and Antoinette Bauco.

Who this affects

PMJ Capital Corp. received default judgments against The Lady Antoinette and Frank and Antoinette Bauco. The order entered a $288,895.32 judgment against Frank and Antoinette Bauco jointly and severally, and closed the case.

What happened

In PMJ Capital Corp. v. The Lady Antoinette, PMJ Capital Corp. asked the court to enter default judgment against The Lady Antoinette and Frank and Antoinette Bauco.

A magistrate judge recommended granting the motion. No party objected by the deadline, so the court reviewed the recommendation for clear error and found none.

Judge Alison J. Nathan adopted the recommendation and granted PMJ Capital Corp.’s motion for default judgment. The court ordered a judgment against The Lady Antoinette and a $288,895.32 judgment against Frank and Antoinette Bauco, jointly and severally, and directed the Clerk to close the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
PMJ Capital Corp. v. The Lady Antoinette · No. 1:16-cv-06242
Judge
Alison Nathan
Date
Aug. 14, 2020

Background

The court considered a February 19, 2020 Report and Recommendation from Judge Aaron. The recommendation advised granting PMJ Capital Corp.’s motion for default judgment against The Lady Antoinette and Frank and Antoinette Bauco. The opinion does not describe the underlying claims or events leading to the lawsuit.

Review of the Recommendation

The court stated that objections to the recommendation were due by March 4, 2020, and that no objections had been filed. Because there were no objections, the court reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record. The court found no clear error.

Ruling

The court adopted the Report and Recommendation in its entirety and granted PMJ Capital Corp.’s motion for default judgment. A default judgment is a judgment entered when a defendant has not defended the case. The court ordered a default judgment in rem—that is, against the named property or thing—against The Lady Antoinette. It also ordered a default judgment of $288,895.32 against Frank and Antoinette Bauco, jointly and severally, meaning each was made responsible for the full amount. The order resolved docket entry 209, directed the Clerk of Court to enter judgment, and closed the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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