Gomez v. NYHS Design Inc.
- Andrew Carter
- 1:20-cv-04174
- U.S. District Court · Southern District of New York
- 2
In Gomez v. NYHS Design Inc., Judge Carter adopted the damages recommendation and entered a $175,962.90 judgment for Gomez.
Thelma Gomez received a $175,962.90 judgment, plus specified prejudgment interest, against NYHS Design Inc. d/b/a Cleo Nicci Eyewear New York.
What happened
In Thelma Gomez v. NYHS Design Inc., the court reviewed a magistrate judge’s recommendation about the damages owed to Gomez. Neither side filed an objection.
Because there were no objections, the court looked for obvious errors in the record and found none. It adopted the recommendation in full and awarded Gomez $175,962.90 against NYHS Design Inc., doing business as Cleo Nicci Eyewear New York.
The judgment also includes interest before judgment at $6.41 per day from August 2, 2018, until judgment is entered. Judge Carter directed the Clerk to enter judgment and close the case, with a possible 15 percent automatic increase under the payment and appeal conditions stated in the order.
The detailed version
- Gomez v. NYHS Design Inc. · No. 1:20-cv-04174
- Andrew Carter
- Oct. 6, 2022
Background
On December 10, 2021, the court referred the matter to Magistrate Judge Gorenstein to conduct an inquest and recommend the amount of damages owed to Thelma Gomez. Magistrate Judge Gorenstein issued a Report and Recommendation. The opinion does not describe the underlying claims or the evidence supporting the recommended damages.
Court’s review
The parties were notified that they could object to the Report and Recommendation, but no objections were filed. The court therefore reviewed the record for clear error, meaning an obvious mistake apparent from the record. Finding no clear error, the court adopted the Report and Recommendation in its entirety.
Ruling
The court awarded Gomez judgment of $175,962.90 against NYHS Design Inc., doing business as Cleo Nicci Eyewear New York. It also awarded prejudgment interest—interest covering the period before judgment—calculated from August 2, 2018, through the date judgment is entered at $6.41 per day.
The Clerk of Court was directed to enter judgment and close the case. The judgment must state that if it is not fully paid within 90 days after judgment, or within 90 days after the expiration of an appeal, whichever is later, and no appeal is pending, the total judgment amount will automatically increase by 15 percent.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.