Reisman v. Northeastern Power and Gas LLC
- Lorna Schofield
- 1:23-cv-00620
- U.S. District Court · Southern District of New York
- 2
In Reisman v. Northeastern Power, Judge Schofield adopted a report denying Bassili’s motion and awarding Northeastern Power $106,591.58.
NEPG received an adopted recommendation for a judgment totaling $106,591.58 against the third-party defendants, and Bassili’s motion to vacate the default judgment was denied. The opinion does not state how the total was allocated between EGL and Bassili.
What happened
Reisman v. Northeastern Power and Gas LLC began with Eli Reisman’s claim that Northeastern violated a federal law restricting certain telephone calls. Northeastern later sought repayment under a contract from Electric Green Life Inc., Electric Green Life, LLC, and Mark Bassili after settling with Reisman.
Electric Green Life and Bassili initially did not appear, and the court entered a default judgment against them. Bassili later appeared and asked the court to cancel that judgment. A magistrate judge recommended denying Bassili’s request and entering judgment awarding Northeastern $106,591.58.
No timely objections were filed. Judge Schofield found no clear error, adopted the recommendation in full, directed the clerk to terminate the motion, and closed the case.
The detailed version
- Reisman v. Northeastern Power and Gas LLC · No. 1:23-cv-00620
- Lorna Schofield
- Mar. 12, 2024
Background
Eli Reisman sued Northeastern Power & Gas, LLC (NEPG), alleging a violation of the Telephone Consumer Protection Act, a federal law regulating certain telephone calls. NEPG later asserted a third-party claim for contractual indemnification—repayment under an agreement—against Electric Green Life Inc., its alter ego Electric Green Life, LLC (EGL), and EGL’s president, Mark Bassili.
NEPG settled its dispute with Reisman. It then sought the settlement amount, attorney’s fees, and costs from EGL and Bassili under its agreement with EGL. EGL and Bassili initially failed to appear. On August 14, 2023, the court entered a default judgment against both of them and referred the calculation of damages to Magistrate Judge Lehrburger.
Report and Recommendation
Bassili later appeared and moved to vacate, or cancel, the default judgment. Judge Lehrburger recommended denying that motion and entering judgment awarding NEPG a total of $106,591.58. The deadline for objections was fourteen days after service of the report, but no timely objections were filed.
When no timely objection is made to a magistrate judge’s report and recommendation, the district judge reviews the record for clear error. Judge Schofield stated that she found no clear error in Judge Lehrburger’s recommendations.
Ruling and Disposition
The court adopted the report in full, for the reasons stated in the report. This adopted the recommendation to deny Bassili’s motion and to enter judgment awarding NEPG $106,591.58. The clerk was directed to terminate the motion at Docket No. 70 and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.