JVM Holdings LLC v. iAERO Group Holdco 3 LLC
- Vernon Broderick
- 1:22-cv-06098
- U.S. District Court · Southern District of New York
- 2
In JVM Holdings LLC v. iAERO Group Holdco 3 LLC, Judge Broderick adopted a damages recommendation after default judgment and ended the case.
JVM Holdings LLC received the damages award recommended by the magistrate judge; iAERO Group Holdco 3 LLC was subject to the resulting judgment after not appearing or objecting.
What happened
In JVM Holdings LLC v. iAERO Group Holdco 3 LLC, the court had already awarded JVM Holdings LLC default judgment and sent the case to a magistrate judge to determine damages. Magistrate Judge Robert W. Lehrburger recommended an award after iAERO Group Holdco 3 LLC did not appear or participate.
The recommended award was $840,000 in damages, $91,138.58 in prejudgment interest through December 31, 2022, and $272.87 per day beginning January 1, 2023, until judgment was entered. No defendant appeared or objected to the recommendation, and JVM Holdings LLC showed that it had been sent to the defendant.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, and adopted it in its entirety. He directed the clerk to enter judgment under its terms and terminate the case.
The detailed version
- JVM Holdings LLC v. iAERO Group Holdco 3 LLC · No. 1:22-cv-06098
- Vernon Broderick
- June 6, 2023
Background
The court had previously awarded JVM Holdings LLC default judgment against iAERO Group Holdco 3 LLC and referred the matter to Magistrate Judge Robert W. Lehrburger for an inquest on damages. An inquest is a proceeding to determine the amount owed after default judgment.
Judge Lehrburger issued a Report and Recommendation on January 26, 2023. He recommended that JVM Holdings LLC receive $840,000 in damages, prejudgment interest of $91,138.58 through December 31, 2022, and additional interest of $272.87 per day starting January 1, 2023, until judgment was entered.
Review of the Recommendation
Because no party filed an objection, Judge Broderick reviewed the Report and Recommendation for clear error rather than conducting a new review of the disputed issues. The opinion states that iAERO Group Holdco 3 LLC never appeared or filed an objection. JVM Holdings LLC filed a certificate of service showing that the recommendation was sent to iAERO Group Holdco 3 LLC by overnight mail on January 30, 2023.
Ruling
Judge Broderick found no clear error after reviewing the recommendation. He adopted the Report and Recommendation in its entirety. The clerk was directed to enter judgment under its terms and terminate the action.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.