Antetokounmpo v. Costantino
- Jesse Furman
- 1:21-cv-02198
- U.S. District Court · Southern District of New York
- 2
In Antetokounmpo v. Costantino, Judge Furman adopted a recommendation awarding $11,304.40 in fees and costs and closed the case.
The order affected the plaintiff and the defendants, including Jordan Reyes and Sherrie Richardson-Miller. It adopted a recommendation that the defendants be held liable for $11,304.40 in attorneys’ fees and costs, found that the plaintiff waived objections and appellate review by not objecting on time, and closed the case.
What happened
In Antetokounmpo v. Costantino, the court had already entered judgment because Defendants Jordan Reyes and Sherrie Richardson-Miller failed to defend. The case was then sent to a magistrate judge to determine damages, including attorneys’ fees and costs.
The magistrate judge recommended that the defendants be held liable for $11,304.40 in attorneys’ fees and costs. The parties were given 14 days to object, but no objections or requests for more time were filed. The court therefore found that the plaintiff had waived the right to object or seek appellate review of the recommendation.
Judge Jesse M. Furman independently reviewed the recommendation and found it well reasoned and supported by the facts and law. He adopted it in full and directed the clerk to close the case.
The detailed version
- Antetokounmpo v. Costantino · No. 1:21-cv-02198
- Jesse Furman
- Jan. 4, 2022
Background
The court had previously entered default judgment against Defendants Jordan Reyes and Sherrie Richardson-Miller. A default judgment is a judgment entered after a defendant fails to defend the case. The matter was then referred to Magistrate Judge James L. Cott to conduct a damages inquest, meaning a proceeding to determine the amount owed.
Judge Cott issued a Report and Recommendation on December 15, 2021, recommending that the defendants be held liable for $11,304.40 in attorneys’ fees and costs.
Objections and Review
The Report and Recommendation gave the parties 14 days after service to file objections and warned that failing to object on time would waive the right to object. No objections or requests for an extension were filed. The court therefore concluded that the plaintiff had waived the right to object to the recommendation or obtain appellate review of it.
Even without objections, the district court reviewed the petition and the Report and Recommendation for clear error. The court found the recommendation well reasoned and supported by the facts and law.
Ruling
Judge Furman adopted the Report and Recommendation in its entirety. The order thus adopted the recommendation that the defendants be held liable for $11,304.40 in attorneys’ fees and costs. The clerk was directed to close the case.
The opinion does not describe the underlying claims or explain the basis for the fee award beyond the prior default judgment and damages inquest.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.