Marvici v. Roche Facilities Maintenance LLC
- Subramanian
- 1:21-cv-04259
- U.S. District Court · Southern District of New York
- 1
In Marvici v. Roche Facilities Maintenance LLC, Judge Subramanian ordered service of a damages recommendation after plaintiffs obtained default liability judgment.
The plaintiffs were required to serve the Report and Recommendation and this order on defendants within two business days, or file proof that service had already occurred. The defendants’ deadline to object would run after service.
What happened
Marvici v. Roche Facilities Maintenance LLC concerns the next step after the court granted plaintiffs a default judgment on liability against Roche Facilities Maintenance LLC and Stephen Roche.
A magistrate judge later recommended damages, interest, fees, and costs. The opinion explains that parties generally have 14 days after service to file specific written objections, and that failing to object can waive further review.
Judge Subramanian ordered plaintiffs to serve the recommendation and this order on defendants within two business days, unless service had already occurred, and to file proof of service. The order did not decide the recommended damages, fees, or costs.
The detailed version
- Marvici v. Roche Facilities Maintenance LLC · No. 1:21-cv-04259
- Subramanian
- Sept. 26, 2023
Background
On May 6, 2022, the court granted plaintiffs a default judgment against Roche Facilities Maintenance LLC and Stephen Roche on liability. The court referred the damages question to Magistrate Judge James L. Cott for an inquest, meaning a proceeding to determine the amount owed.
On September 8, 2023, Judge Cott issued a Report and Recommendation recommending awards of damages, interest, fees, and costs. The opinion does not state that the district court had adopted or rejected those recommendations.
Objections and Service
The court explained that under federal law and Federal Rule of Civil Procedure 72(b)(2), a party may file specific written objections to a magistrate judge’s recommended disposition within 14 days after being served. If a party does not timely object, the party may waive further judicial review of the recommendation by both the district court and an appeals court.
Order
Judge Arun Subramanian ordered plaintiffs to serve defendants with the Report and Recommendation and a copy of this order within two business days of September 26, 2023. Plaintiffs must file proof of service on the docket. If service had already occurred, plaintiffs instead had to file proof of that service within the same period.
This order addressed service and the opportunity to object. It did not state a final ruling on the recommended damages, interest, fees, or costs.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.