Sygall v. Pitsicalis
- Vernon Broderick
- 1:18-cv-02730-VSB-SN
- U.S. District Court · Southern District of New York
- 3
In Sygall v. Pitsicalis, Judge Broderick adopted a damages recommendation after default judgment against Leon Hendrix in a copyright case.
David Sygall received the damages and attorneys’ fees awarded in connection with the default judgment against Leon Hendrix. The order also required the parties to report on the status of the remaining claims, but it does not state how those claims were resolved.
What happened
In Sygall v. Pitsicalis, David Sygall accused seven defendants of reproducing and publishing his photograph without permission and selling products featuring it. The case included claims against Leon Hendrix, who represented himself.
The court had already entered default judgment against Hendrix and sent the damages issue to Magistrate Judge Sarah Netburn. Judge Netburn recommended $14,250 in damages, $2,275 in attorneys’ fees, and post-judgment interest. Neither party objected to that recommendation.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, and adopted it in full. Sygall was awarded the recommended damages, attorneys’ fees, and post-judgment interest; the parties also had to report on the status of the remaining claims within 14 days.
The detailed version
- Sygall v. Pitsicalis · No. 1:18-cv-02730-VSB-SN
- Vernon Broderick
- Aug. 2, 2022
Background
David Sygall brought a copyright-infringement case against seven defendants, including Leon Hendrix. Sygall alleged that the defendants reproduced and published his photograph without authorization and sold commercial goods prominently featuring the reproduction.
On October 29, 2020, the court entered default judgment against Hendrix. A default judgment is a judgment entered after a party fails to defend the case. The court then referred the question of damages to Magistrate Judge Sarah Netburn for an inquest, meaning a proceeding to determine the amount owed.
Report and Recommendation
On May 16, 2022, Judge Netburn recommended awarding Sygall $14,250 in damages and $2,275 in attorneys’ fees, plus post-judgment interest under 28 U.S.C. § 1961.
The parties had 14 days to file written objections. Neither party objected or requested more time. Because there were no objections, the district court reviewed the recommendation for clear error, which asks whether the record shows an obvious mistake.
Ruling
Judge Broderick found no clear error and adopted Judge Netburn’s Report and Recommendation in its entirety. The court awarded Sygall $14,250 in damages, $2,275 in attorneys’ fees, and post-judgment interest under 28 U.S.C. § 1961.
The court also ordered the parties to file a joint letter within 14 days reporting the status of the remaining claims. The opinion does not state the final status of those other claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.