Asesoral Business Partners, LLC v. Seatech Worldwide Corporation
- Alison Nathan
- 1:19-cv-11512
- U.S. District Court · Southern District of New York
- 2
Asesoral Business Partners v. Seatech: Judge Nathan adopted a damages recommendation after default judgment and awarded $556,321 plus interest and accounting relief.
Asesoral Business Partners, LLC received the damages and other relief. Seatech Worldwide Corporation was subject to the judgment, including the accounting requirement. The order also concerned the previously named defendants Alliance Fisheries, Inc. and Jesus Delgado, although this order’s specific damages and accounting relief were directed at Seatech.
What happened
In Asesoral Business Partners, LLC v. Seatech Worldwide Corporation, the court had previously entered default judgment against Seatech on liability for breach of contract, goods sold and delivered, account stated, and accounting claims. It then referred the damages issue to a magistrate judge.
Because no party objected to the magistrate judge’s damages recommendation, the court reviewed it for clear error and found none. The court awarded Asesoral $556,321 in damages, plus prejudgment interest, post-judgment interest, and an accounting of revenue Seatech generated from the Van Ecuador brand since February 28, 2019.
Judge Nathan adopted the recommendation in full, directed the Clerk of Court to enter judgment, and ordered the case closed.
The detailed version
- Asesoral Business Partners, LLC v. Seatech Worldwide Corporation · No. 1:19-cv-11512
- Alison Nathan
- Apr. 28, 2022
Background
The court had earlier granted in part and denied in part Asesoral’s motion for default judgment against Seatech Worldwide Corporation, Alliance Fisheries, Inc., and Jesus Delgado. Specifically, it entered default judgment on liability against Seatech for breach of contract, goods sold and delivered, account stated, and accounting claims, and denied the rest of the motion. The court referred the question of damages to Magistrate Judge Sarah L. Cave for an inquest, meaning a proceeding to determine the amount owed.
Report and Recommendation
Judge Cave issued a Report and Recommendation calculating the damages owed to Asesoral. No objections were filed, and the deadline for objections had passed. The court therefore reviewed the recommendation for clear error, meaning an obvious mistake in the record, rather than reconsidering the matter from the beginning. The court found no clear error.
Ruling
The court adopted the Report and Recommendation in its entirety. It awarded Asesoral $556,321 in damages: $371,268 tied to the Settlement Agreement and $185,053 tied to invoices. The award also includes prejudgment interest on both amounts, as determined by the Clerk of Court, and post-judgment interest under 28 U.S.C. § 1961. In addition, the court granted equitable relief requiring Seatech to provide an accounting of all revenue generated from the Van Ecuador brand since February 28, 2019. The Clerk was directed to enter judgment consistent with the order and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.