Prepared Food Photos, Inc. v. The Dugout N.Y. LLC
- Clarke
- 1:23-cv-01538
- U.S. District Court · Southern District of New York
- 2
In Prepared Food Photos v. The Dugout N.Y., Judge Clarke adopted a recommendation granting default judgment and sent damages, fees, and costs to an inquest.
Prepared Food Photos, Inc. and The Dugout N.Y. LLC; the court granted default judgment against The Dugout N.Y. LLC, with damages, attorneys’ fees, and costs to be determined in a later inquest.
What happened
Prepared Food Photos, Inc. v. The Dugout N.Y. LLC involved Prepared Food Photos’ motion for default judgment. The motion was referred to Magistrate Judge Ona T. Wang, who recommended granting it.
Neither party filed objections or requested more time to object. The court said the defendant therefore waived its right to object to the recommendation or seek appellate review of it.
The court adopted the recommendation in full and granted the default-judgment motion. Judge Jessica G. L. Clarke referred the matter to Magistrate Judge Wang for an inquest—an additional proceeding—to determine damages, attorneys’ fees, and costs.
The detailed version
- Prepared Food Photos, Inc. v. The Dugout N.Y. LLC · No. 1:23-cv-01538
- Clarke
- Jan. 9, 2024
Background
Prepared Food Photos, Inc., formerly known as Adlife Marketing & Communications Co. Inc., moved for default judgment against The Dugout N.Y. LLC. The opinion does not describe the underlying claims or explain why the defendant had defaulted.
Report and Recommendation
The motion was referred to Magistrate Judge Ona T. Wang, who issued a Report and Recommendation on December 20, 2023. She recommended that the motion be granted. The parties were given fourteen days after service to object and were warned that failing to object on time would waive the right to object.
No objections or requests for an extension had been filed by the date of the order. The court held that the defendant had waived its right to object to the Report and Recommendation or obtain appellate review of it. Even so, the court independently reviewed the motion and the recommendation without objections.
Ruling and Next Steps
The court adopted the Report and Recommendation in its entirety, thereby granting the motion for default judgment. The opinion does not state the amount or terms of the judgment. It referred the matter to Magistrate Judge Wang for an inquest concerning damages, attorneys’ fees, and costs. The Clerk of Court was directed to terminate ECF No. 17.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.