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S.D.N.Y.Procedural orderFiled Mar. 30, 2023

SourceCode Communications LLC v. In-telligent LLC

Judge
Vernon Broderick
Docket
1:21-cv-10519
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureFee Petition
In one sentence

In SourceCode Communications v. In-telligent, Judge Broderick adopted an unchallenged damages recommendation after default judgment and ordered judgment entered.

Who this affects

SourceCode Communications LLC received the recommended damages, interest, attorneys’ fees, and costs. In-telligent LLC is subject to the judgment entered under the adopted report.

What happened

SourceCode Communications LLC had already obtained default judgment against In-telligent LLC, and the court referred the question of damages to Magistrate Judge Robert W. Lehrburger. Judge Lehrburger recommended damages, interest, attorneys’ fees, and costs.

Neither party objected to the recommendation or requested more time to do so. Judge Broderick therefore reviewed it for clear error, meaning an obvious mistake, rather than reconsidering the matter from the beginning.

Judge Broderick found no clear error and adopted the recommendation. He directed the Clerk of Court to enter judgment under its terms and terminate the case.

The detailed version

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

Case
SourceCode Communications LLC v. In-telligent LLC · No. 1:21-cv-10519
Judge
Vernon Broderick
Date
Mar. 30, 2023

Background

The court had previously awarded SourceCode Communications LLC default judgment against In-telligent LLC. A default judgment is entered when a party does not defend the case, so the court then referred the matter to Magistrate Judge Robert W. Lehrburger to determine the amount owed.

Report and Recommendation

Judge Lehrburger recommended that SourceCode receive $153,339 in damages; prejudgment interest at the statutory rate of 9%, calculated by the Clerk of Court; $30,108.32 in attorneys’ fees; $1,356.97 in costs; and postjudgment interest at the statutory rate.

Review and Ruling

The parties had 14 days to submit written objections to the report and recommendation. Neither party objected or requested additional time. Because there were no objections, Judge Broderick reviewed the report for clear error, meaning an obvious mistake. He found none and adopted the report. The court directed the Clerk of Court to enter judgment according to the report’s terms and terminate the action.

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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