LG Capital Funding, LLC v. Aim Exploration, Inc.
- Kimba Wood
- 1:17-cv-03118-KMW-SN
- U.S. District Court · Southern District of New York
- 2
In LG Capital Funding v. Aim Exploration, Judge Wood approved a $138,456.57 award after the court entered default judgment against Aim Exploration.
LG Capital Funding, LLC received an award of $138,456.57. Aim Exploration, Inc. was directed to pay that amount, and the case was closed.
What happened
LG Capital Funding, LLC had already obtained a default judgment against Aim Exploration, Inc., meaning the court ruled for LG Capital Funding because Aim Exploration did not defend the case. The court then held a proceeding to determine the amount of money owed.
A magistrate judge recommended awarding LG Capital Funding $138,456.57: $122,670.65 in contract damages, $15,250 in attorney’s fees, and $535.92 in costs. Neither party objected to that recommendation.
Judge Wood found no clear error, adopted the recommendation in full, and awarded LG Capital Funding the stated amount. Aim Exploration was ordered to pay by October 29, 2021; the clerk was directed to enter judgment and close the case, and any pending motions were declared moot.
The detailed version
- LG Capital Funding, LLC v. Aim Exploration, Inc. · No. 1:17-cv-03118-KMW-SN
- Kimba Wood
- Sept. 30, 2021
Background
The Court had previously determined that LG Capital Funding, LLC was entitled to a default judgment against Aim Exploration, Inc. A default judgment is a judgment entered because the opposing party did not defend the case. The remaining issue addressed in this order was the amount of damages and related expenses.
Recommendation and review
After an inquest on damages—a proceeding to determine the amount owed—Magistrate Judge Sarah Netburn issued a Report and Recommendation on April 20, 2021. She recommended a total award of $138,456.57. The parties had until May 4, 2021, to object, but neither party filed an objection. Because there were no specific objections, the district court reviewed the recommendation for clear error, meaning an obvious mistake.
Ruling
The Court found no clear error and adopted Judge Netburn’s Report and Recommendation in its entirety. The Court awarded LG Capital Funding, LLC:
- $122,670.65 in contract damages; - $15,250 in attorney’s fees; and - $535.92 in costs.
Aim Exploration, Inc. was directed to pay the award no later than October 29, 2021. The clerk was directed to enter judgment and close the case. The Court also stated that any pending motions were moot.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.