ALLSTAR MARKETING GROUP, LLC v. 4UTOTO
- Paul Engelmayer
- 1:20-cv-08401
- U.S. District Court · Southern District of New York
- 3
In Allstar Marketing Group, LLC v. 4UTOTO, Judge Engelmayer awarded $1,250,000 plus interest after adopting a damages recommendation against 25 defaulting defendants.
Allstar Marketing Group, LLC received an award of $1,250,000 plus post-judgment interest. The 25 defaulting defendants were each held liable for $50,000.
What happened
In ALLSTAR MARKETING GROUP, LLC v. 4UTOTO, et al., the defendants did not respond to Allstar’s complaint or otherwise appear. Allstar obtained a clerk’s certificate of default and moved for a default judgment.
The court had already entered default judgment and referred the damages question to Magistrate Judge Stewart D. Aaron. Judge Aaron recommended awarding Allstar $50,000 against each of 25 defaulting defendants, for a total of $1,250,000, plus post-judgment interest.
No party objected to the recommendation. Judge Engelmayer found no clear error, adopted the recommendation in full, and awarded Allstar $50,000 per defaulting defendant plus post-judgment interest.
The detailed version
- ALLSTAR MARKETING GROUP, LLC v. 4UTOTO · No. 1:20-cv-08401
- Paul Engelmayer
- Mar. 28, 2022
Background
Allstar filed its complaint on October 8, 2020, and served the defendants with process on October 19, 2020. The defendants identified in the opinion as defaulting defendants did not answer, otherwise respond, or appear. Allstar obtained a clerk’s certificate of default on August 18, 2021, and moved for default judgment.
The court entered default judgment on January 18, 2022, and referred the damages issue to Magistrate Judge Stewart D. Aaron for an inquest. Judge Aaron’s March 2, 2022 Report and Recommendation advised awarding statutory damages of $50,000 against each of the 25 defaulting defendants, totaling $1,250,000, plus post-judgment interest under 28 U.S.C. § 1961. Allstar served the report as directed. No party filed objections.
Court’s Review and Ruling
Because there were no objections, the court reviewed the report for clear error, meaning an obvious mistake on the record. Judge Engelmayer found no facial error in Judge Aaron’s conclusions and adopted the report in its entirety. The court therefore awarded Allstar $50,000 per defaulting defendant, for a total of $1,250,000, plus post-judgment interest. The court also stated that the parties’ failure to object waived appellate review of the report’s recommendations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.