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S.D.N.Y.Procedural orderFiled Nov. 19, 2020

Shenzhen Smoore Technology Ltd. v. Anuonuo International Trade Company

Judge
Lorna Schofield
Docket
1:19-cv-09896
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Shenzhen Smoore v. Anuonuo, Judge Schofield adopted a damages recommendation, ordering $50,000 plus interest against each defaulting defendant.

Who this affects

Shenzhen Smoore Technology Ltd. received a default judgment for $50,000 in statutory damages against each Defaulting Defendant, plus post-judgment interest. The Defaulting Defendants were subject to those amounts, and the case was closed after judgment was entered.

What happened

In Shenzhen Smoore Technology Ltd. v. Anuonuo International Trade Company, the court considered damages after entering a default judgment and permanent injunction against the defendants who did not defend the case.

A magistrate judge recommended awarding Shenzhen Smoore $50,000 in statutory damages against each defaulting defendant, plus interest after judgment. No timely objections were filed.

Judge Lorna G. Schofield found no clear error and adopted the recommendation in full. The court directed the Clerk to enter the default judgment, add post-judgment interest, and close the case.

The detailed version

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

Case
Shenzhen Smoore Technology Ltd. v. Anuonuo International Trade Company · No. 1:19-cv-09896
Judge
Lorna Schofield
Date
Nov. 19, 2020

Background

On April 23, 2020, the court entered a final default judgment and permanent injunction against the defendants identified as the “Defaulting Defendants.” The matter was separately referred to Magistrate Judge Robert W. Lehrburger to determine damages.

Damages Recommendation

On October 23, 2020, Magistrate Judge Lehrburger issued a Report and Recommendation following an inquest on damages. The report recommended statutory damages of $50,000 against each Defaulting Defendant. It also recommended post-judgment interest under 28 U.S.C. § 1961(a), calculated from the date judgment was entered at the applicable rate based on the weekly average one-year Treasury yield published for the preceding calendar week.

The parties had 14 days to submit written objections, but no timely objections were filed. Without timely objections, the district court reviewed the record for clear error rather than conducting a full reconsideration of the recommendations.

Ruling

The court found no clear error and ordered that the Report and Recommendation be adopted in full. The Clerk of Court was directed to enter a default judgment in favor of Shenzhen Smoore and against each Defaulting Defendant for $50,000 in statutory damages per defendant, plus post-judgment interest calculated under 28 U.S.C. § 1961(a). After entry of the default judgment, the Clerk was directed to close the case.

Result

The court adopted the damages recommendation and entered the specified default judgment. This order did not describe the underlying claims or explain the basis for the statutory damages beyond the earlier default judgment and permanent injunction.

The authoritative version

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

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