Marky's Martial Arts, Inc. v. FC Online Marketing, Inc.
- Carter
- 1:19-cv-03363
- U.S. District Court · Southern District of New York
- 2
In Marky's Martial Arts v. FC Online Marketing, Judge Carter adopted the recommendation, awarded damages and fees, and closed the case.
Marky's Martial Arts, Inc. received the damages, attorney's fees, costs, and post-judgment interest awarded against FC Online Marketing, Inc.; the case was closed after judgment was entered.
What happened
Marky's Martial Arts, Inc. sued FC Online Marketing, Inc. The court had referred the matter to a magistrate judge for a hearing concerning default and damages. The magistrate judge recommended entering judgment against FC Online Marketing and awarding money to Marky's Martial Arts.
FC Online Marketing did not object to the recommendation. The recommended award included $216,205.92 in compensatory damages, $216,205.92 in punitive damages, $41,640 in attorney's fees, $3,417.13 in costs, and interest after judgment.
Judge Andrew L. Carter, Jr. found no obvious error in the record and adopted the recommendation in full. He awarded the stated amounts and post-judgment interest, directed the clerk to enter judgment, and closed the case.
The detailed version
- Marky's Martial Arts, Inc. v. FC Online Marketing, Inc. · No. 1:19-cv-03363
- Carter
- Jan. 12, 2023
Background
The matter was referred to Magistrate Judge Valerie Figueredo for an inquest after a default and damages hearing. Magistrate Judge Figueredo issued an Amended Report and Recommendation on September 16, 2022. It recommended that the court enter default judgment against FC Online Marketing, Inc. and award Marky's Martial Arts, Inc. compensatory damages, punitive damages, attorney's fees, costs, and post-judgment interest.
Objections and review
FC Online Marketing was notified of its right to object but filed no objections. The court stated that, when timely objections are not made, it may adopt a magistrate judge's recommendation if the record contains no clear error. The court found no clear error and adopted the Amended Report and Recommendation in its entirety.
Ruling and award
The court awarded Marky's Martial Arts, Inc. $216,205.92 in compensatory damages, $216,205.92 in punitive damages, $41,640.00 in attorney's fees, and $3,417.13 in costs. It also awarded post-judgment interest, calculated from the date the clerk enters judgment through the date FC Online Marketing pays, using the federal interest rate specified in 28 U.S.C. § 1961. Judge Andrew L. Carter, Jr. directed the clerk to enter judgment and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.