McDermott v. NYFireStore.com, Inc.
- Alison Nathan
- 1:18-cv-10853
- U.S. District Court · Southern District of New York
- 2
In McDermott v. NYFirestore.com, Inc., Judge Nathan adopted the damages recommendation, awarding $5,000 in statutory damages, $1,995 in attorney fees, and $400 in costs.
Matthew McDermott received awards of statutory damages, attorney fees, and costs. NYFirestore.com, Inc. is subject to the resulting judgment.
What happened
In McDermott v. NYFirestore.com, Inc., the court reviewed a magistrate judge’s recommendation following a damages inquiry. The recommendation proposed awards to Matthew McDermott.
No objections were filed by the deadline. The court therefore reviewed the recommendation for clear error and found none.
Judge Nathan adopted the recommendation in full and awarded McDermott $5,000 in statutory damages, $1,995 in attorney fees, and $400 in costs. The clerk was directed to enter judgment and close the case.
The detailed version
- McDermott v. NYFireStore.com, Inc. · No. 1:18-cv-10853
- Alison Nathan
- Mar. 12, 2021
Background
On August 25, 2020, the court referred the matter to Magistrate Judge Sarah L. Cave for a damages inquest. On January 25, 2021, Judge Cave issued a Report and Recommendation proposing that the court award Matthew McDermott $5,000 in statutory damages, $1,995 in attorney fees, and $400 in costs.
Standard of Review
The court explained that it could accept, reject, or modify the magistrate judge’s recommendation. When no timely objections are filed, the court reviews the recommendation for clear error—that is, an obvious mistake in the record. No objections were filed, and the objection deadline had passed.
Ruling
The court found no clear error and adopted the Report and Recommendation in its entirety. Judge Alison J. Nathan awarded McDermott $5,000 in statutory damages, $1,995 in attorney fees, and $400 in costs. The order resolved the motion identified as Docket No. 26, directed the Clerk of Court to enter judgment, and closed the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.