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S.D.N.Y.Substantive rulingFiled Aug. 12, 2022

Sothebys, Inc. v. Thut

Judge
Lewis Liman
Docket
1:21-cv-06574
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureMotion to Dismiss
In one sentence

In Sothebys, Inc. v. Thut, Judge Liman adopted the recommendation, granted Sothebys’s motion, and awarded damages and interest.

Who this affects

Sothebys, Inc. received the damages, interest, and cost-related relief awarded by the court. The order affected the defendants identified in the caption as Thut et al. by granting judgment on the pleadings against them.

What happened

In Sothebys, Inc. v. Thut, the court considered a magistrate judge’s recommendation that Sothebys, Inc.’s motion for judgment on the pleadings be granted. The opinion does not describe the underlying dispute or claims.

No party objected to the recommendation within the required 14-day period. The court therefore reviewed it for clear error and found none.

Judge Lewis J. Liman adopted the recommendation in full, granted Sothebys, Inc.’s motion for judgment on the pleadings, and awarded $3,013,910.00 in compensatory damages, $688,560.70 in prejudgment interest, post-judgment interest, and permission to file a bill of costs. The clerk was directed to close the case.

The detailed version

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

Case
Sothebys, Inc. v. Thut · No. 1:21-cv-06574
Judge
Lewis Liman
Date
Aug. 12, 2022

Background

The opinion concerns Sothebys, Inc.’s motion for judgment on the pleadings, a request for the court to decide the case based on the pleadings filed by the parties. The opinion does not state the underlying claims or explain the factual dispute involving Sothebys, Inc. and the defendants identified in the caption as Thut et al.

Magistrate Judge’s Recommendation

On July 28, 2022, Magistrate Judge Sarah L. Cave recommended that the court grant Sothebys, Inc.’s motion and award:

- $3,013,910.00 in compensatory damages; - $688,560.70 in prejudgment interest; - post-judgment interest; and - permission to file a bill of costs with the clerk.

The parties were given 14 days to submit written objections. No objections were filed.

District Court’s Review and Ruling

When no timely objection is made to a magistrate judge’s report and recommendation, the district court reviews the recommendation for clear error, meaning an obvious mistake. Judge Lewis J. Liman reviewed the record and the recommendation and found no clear error.

The court adopted the recommendation in its entirety, granted Sothebys, Inc.’s motion for judgment on the pleadings, and awarded the listed damages, interest, and permission to file a bill of costs. The clerk was directed to close the case.

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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