Shi v. TL & CG Inc.

Background

Yuefeng Shi filed motions for default judgment and for attorneys’ fees and costs. The motions were referred to Magistrate Judge Netburn, who issued a Report and Recommendation on October 3, 2023.

The recommendation principally stated that Defendant Jian Xiang Yang should be held jointly and severally liable with TL & CG Inc., Guoyong Chen, and Guoqing Chen for $42,771.45 in actual damages, $42,771.45 in liquidated damages, $17,533.94 in prejudgment interest, and $800 for tools of the trade claims. It also recommended that Yang be held jointly and severally liable with those defendants for $10,395.50 in attorneys’ fees and costs, and personally liable for an additional $3,516.46.

Objections and Review

The Report and Recommendation gave the parties fourteen days to object and warned that failing to object on time would waive the right to object. As of the date of the order, Yang had filed no objection and had not requested more time. The court therefore found that Yang waived the right to object to the recommendation or obtain appellate review.

Even without objections, the court reviewed the petition and the Report and Recommendation. It found the recommendation well reasoned and supported by the facts and law.

Ruling

Judge Furman adopted the Report and Recommendation in its entirety. The clerk was directed to terminate the motions for default judgment and attorneys’ fees and costs and to close the case.

Classification

This is a procedural order under the stated classification rules because it adopted a default-judgment recommendation and addressed an attorneys’ fee award, rather than resolving the claims through an adversarial merits determination.