G&G Closed Circuit Events, LLC v. Pacheco
- Lorna Schofield
- 1:20-cv-03492
- U.S. District Court · Southern District of New York
- 2
In G&G Closed Circuit Events v. Pacheco, Judge Schofield adopted a damages recommendation and granted fees and costs after defendants’ default.
G&G Closed Circuit Events, LLC received the awarded damages, attorneys’ fees, costs, and potential post-judgment interest; Geraldo Pacheco and Alge & Deluca, LLC were subject to the default judgment and resulting awards.
What happened
G&G Closed Circuit Events, LLC had already obtained a default judgment against Geraldo Pacheco and Alge & Deluca, LLC. The court referred the amount of damages and costs for further review.
A magistrate judge recommended $2,200 in statutory damages, $8,800 in enhanced damages, post-judgment interest, and attorneys’ fees and costs. No timely objections were filed, and the plaintiff’s separate request for $2,432.50 in attorneys’ fees and $1,142.52 in costs was unopposed.
Judge Lorna G. Schofield found no clear error, adopted the recommendation, and granted the plaintiff’s request for attorneys’ fees and costs. The order awarded the listed damages, fees, and costs, provided for post-judgment interest if payment was delinquent, and directed the Clerk of Court to close the case.
The detailed version
- G&G Closed Circuit Events, LLC v. Pacheco · No. 1:20-cv-03492
- Lorna Schofield
- Mar. 30, 2021
Background
A September 17, 2020 default judgment order granted G&G Closed Circuit Events, LLC judgment against defendants Geraldo Pacheco and Alge & Deluca, LLC. The amount of liquidated damages and costs was referred to Magistrate Judge Robert W. Lehrburger for a post-default-judgment review.
Report and Recommendation
On March 2, 2021, Judge Lehrburger recommended awarding the plaintiff $2,200 in statutory damages, $8,800 in enhanced damages, post-judgment interest, and attorneys’ fees and costs. The deadline for objections was fourteen days after service of the report, but no timely objections were filed. Because there were no timely objections, the District Court reviewed the report for clear error and found none concerning the recommended damages, interest, fees, and costs.
Attorneys’ Fees and Costs
On March 16, 2021, the plaintiff moved for $2,432.50 in attorneys’ fees and $1,142.52 in costs. The motion was unopposed. The court found the hours billed, hourly rates, and costs reasonable. It also stated that the plaintiff was entitled to reasonable attorneys’ fees and costs as the aggrieved and prevailing party under 47 U.S.C. § 605(e)(3)(B)(iii).
Ruling
Judge Schofield adopted the Report and Recommendation and granted the plaintiff’s request for attorneys’ fees and costs. The court awarded $2,200 in statutory damages, $8,800 in enhanced damages, $2,432.50 in attorneys’ fees, and $1,142.52 in costs. The order provided that, if delinquent, the defendant must pay post-judgment interest under 28 U.S.C. § 1961. The Clerk of Court was directed to close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.