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S.D.N.Y.Procedural orderFiled Mar. 14, 2022

Batson v. RIM San Antonio Acquisition, LLC

Judge
Carter
Docket
1:15-cv-07576
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Batson v. RIM San Antonio Acquisition, LLC, Judge Carter adopted a recommendation granting default judgment against most defendants, except Scott Morgan.

Who this affects

The plaintiffs, the defendants other than Scott Morgan against whom default judgment was to be entered, and Scott Morgan, whose action was to be resolved before the damages hearing.

What happened

In Batson v. RIM San Antonio Acquisition, LLC, the plaintiffs asked for default judgment against the defendants. The court considered a magistrate judge’s recommendation on that request.

The recommendation advised granting the motion against all defendants except Scott Morgan, who was representing himself, and holding a later hearing to determine damages after the claims against Morgan were resolved. No party objected to the recommendation.

Judge Andrew L. Carter, Jr. found no clear error and adopted the recommendation in full. He directed the Clerk of Court to enter default judgment consistent with the order and terminated the motion.

The detailed version

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

Case
Batson v. RIM San Antonio Acquisition, LLC · No. 1:15-cv-07576
Judge
Carter
Date
Mar. 14, 2022

Background

The plaintiffs filed a motion for default judgment. The motion was referred to Magistrate Judge Ona T. Wang, who issued a Report and Recommendation. A Report and Recommendation is a magistrate judge’s proposed ruling for review by the district judge.

Judge Wang recommended granting the plaintiffs’ motion as to all defendants except Scott Morgan, who was proceeding without a lawyer. She also recommended holding an inquest hearing to determine damages after the action against Morgan was resolved. The opinion does not state the amount of damages or provide additional details about the plaintiffs’ underlying claims.

Court’s Review

The parties were notified that they could object to the Report and Recommendation, but no objections were filed. When no timely objection is made, the district court may adopt the recommendation if the record does not show clear error. Clear error means an obvious mistake in the record or reasoning.

Ruling

Judge Andrew L. Carter, Jr. found no clear error and adopted the Report and Recommendation in its entirety. The court directed the Clerk of Court to enter default judgment consistent with the order and terminated the plaintiffs’ motion at docket entry 201. The order did not itself specify the damages amount, and it preserved the recommended later damages hearing after resolution of the action against Scott Morgan.

The authoritative version

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

Open opinion PDF →
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