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S.D.N.Y.Procedural orderFiled Apr. 27, 2022

Sirius XM Radio Inc. v. Aura Multimedia Corporation

Judge
Gregory Woods
Docket
1:21-cv-06963
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureContractIntellectual Property
In one sentence

In Sirius XM Radio v. Aura Multimedia, Judge Woods granted default judgment on liability but denied damages pending claims against Burton.

Who this affects

Sirius XM obtained a liability ruling against Aura Multimedia Corporation and Aura Multimedia Technologies Company LLC, but damages were not decided. The order also left Sirius XM’s claims against Clayton B. Burton Jr. unresolved.

What happened

Sirius XM Radio Inc. sued Aura Multimedia Corporation, Aura Multimedia Technologies Co., and Clayton B. Burton Jr. The court considered a recommendation that Sirius XM receive a default judgment against the two Aura defendants on its contract, trademark, New York business-law, and unfair-competition claims.

The recommendation advised deciding liability now but postponing damages and other relief until Sirius XM’s claims against Burton were resolved. No party objected within the required fourteen-day period, so the court reviewed the recommendation for clear error and found none.

Judge Gregory H. Woods adopted the recommendation in full. He granted Sirius XM’s motion for default judgment against the Aura defendants as to liability only, denied it as to damages, and directed that damages be determined after the claims against Burton are resolved.

The detailed version

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

Case
Sirius XM Radio Inc. v. Aura Multimedia Corporation · No. 1:21-cv-06963
Judge
Gregory Woods
Date
Apr. 27, 2022

Background

Sirius XM Radio Inc. sought a default judgment against Aura Multimedia Corporation and Aura Multimedia Technologies Company LLC, referred to in the order as the “Aura Defendants.” The requested judgment concerned claims for breach of contract, violations of the federal trademark statute known as the Lanham Act, violations of New York General Business Law, and unfair competition.

On April 12, 2022, Magistrate Judge Aaron issued a Report and Recommendation. The recommendation advised entering judgment for Sirius XM against the Aura Defendants on liability, while postponing the decision about damages and other relief until Sirius XM’s claims against Clayton B. Burton Jr. were resolved.

Review of the Recommendation

The district court explained that it could accept, reject, or modify a magistrate judge’s recommendation. Because no party submitted an objection within the fourteen-day period, the court reviewed the recommendation for clear error. The court found no clear error and accepted and adopted the recommendation in its entirety.

Ruling

Judge Woods granted Sirius XM’s motion for a default judgment against the Aura Defendants as to liability only and denied the motion as to damages. The court stated that it would determine the damages owed on Sirius XM’s claims against the Aura Defendants after resolving Sirius XM’s claims against Burton. The Clerk of Court was directed to terminate the motion.

The authoritative version

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

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