Bamishile-Richards v. Akintoye
- Paul Engelmayer
- 1:21-cv-05264
- U.S. District Court · Southern District of New York
- 4
In Bamishile-Richards v. Akintoye, Judge Engelmayer entered default judgment against Olubunmi Adeola Akintoye and awarded $1,494,063.56 plus interest.
Beatrice Bamishile-Richards and Oluwafisayo Meshioye received a damages award against Olubunmi Adeola Akintoye. The court dismissed the remaining claims and closed the case; the opinion does not specify which remaining claims were dismissed as to which defendants.
What happened
In Bamishile-Richards v. Akintoye, Beatrice Bamishile-Richards and Oluwafisayo Meshioye sought damages from several defendants on claims including conversion, breach of contract, and fraud. The court had previously found the defendants in default after they failed to meet discovery deadlines or otherwise participate in the case.
A magistrate judge held a damages hearing and recommended awarding the plaintiffs $1,494,063.56, plus interest, against Olubunmi Adeola Akintoye. No party objected to that recommendation, so the court reviewed it for clear error and found none.
Judge Engelmayer adopted the recommendation in its entirety, entered default judgment against Olubunmi Adeola Akintoye, and awarded the plaintiffs $1,494,063.56 plus pre-judgment and post-judgment interest. The court dismissed the remaining claims and directed the clerk to close the case.
The detailed version
- Bamishile-Richards v. Akintoye · No. 1:21-cv-05264
- Paul Engelmayer
- July 31, 2023
Background
Beatrice Bamishile-Richards and Oluwafisayo Meshioye sued Olubunmi Adeola Akintoye, Oluranti D. Akintoye, Bumak African Stores, and Damilola Akintoye. Their claims included conversion, breach of contract, and fraud. The complaint also named George Williams, but he was later terminated as a defendant.
On March 31, 2022, the court held the defendants in default after they failed to meet discovery deadlines or otherwise participate in the litigation. The court also allowed defense counsel to withdraw and referred the case to Magistrate Judge Robert W. Lehrburger for an inquest, meaning a proceeding to determine damages after default.
Plaintiffs later submitted papers seeking damages based on an account-stated claim. Magistrate Judge Lehrburger held an inquest hearing on November 22, 2022, at which plaintiffs’ counsel appeared and no one appeared for the defendants. He then issued a Report and Recommendation proposing an award of $1,494,063.56, plus pre-judgment and post-judgment interest, against Olubunmi Adeola Akintoye. The recommended damages were based on breach-of-contract and account-stated theories. No party filed objections.
Court’s review
Judge Engelmayer explained that when no timely objections are filed to a magistrate judge’s Report and Recommendation, the district court reviews the recommendation for clear error. After reviewing the Report, the court found no facial error and adopted it in its entirety. The court also stated that the parties’ failure to object waived appellate review, as provided in the Report and Recommendation.
Disposition
The court accepted and adopted Judge Lehrburger’s Report and Recommendation in its entirety. It entered default judgment against Olubunmi Adeola Akintoye and awarded the plaintiffs $1,494,063.56 in damages, plus pre-judgment and post-judgment interest. The court dismissed the remaining claims and directed the clerk to close the case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.