Global Export Marketing Co., Ltd. v. Abdelrahman A. Abbar Trading Company

Background

Global Export Marketing Co., Ltd. brought claims under federal diversity jurisdiction for breach of contract and quantum meruit under New York law. The opinion states that Abdelrahman A. Abbar Trading Company failed to appear or answer the complaint. A motion for default judgment was referred to Magistrate Judge Sarah Netburn, who issued a Report and Recommendation on January 9, 2023, recommending that the motion be granted and that Global Export Marketing receive a judgment equivalent to 2,234,449.51 Saudi riyal.

Objections and Review

The Report and Recommendation advised the parties that they had fourteen days after service to object. Global Export Marketing submitted a declaration stating that it served the recommendation on the defendant by Federal Express on January 27, 2023. After concerns about service, the court also ordered service by email under an alternative method; that service was completed on March 6, 2023. The defendant still filed no objections. The court therefore found that the defendant waived its right to object to the recommendation or obtain appellate review. The court nevertheless conducted an independent review of the recommendation.

Ruling

The court found the Report and Recommendation well reasoned and its conclusions well founded, and adopted it in its entirety. The court directed the Clerk of Court to enter an order of default judgment against Abdelrahman A. Abbar Trading Company for an amount equivalent to 2,234,449.51 Saudi riyal, close Docket Number 52, and terminate the case.