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S.D.N.Y.Procedural orderFiled Mar. 27, 2024

Balance Payments, Inc. d/b/a Balance v. Thread Studio LLC

Judge
Denise Cote
Docket
1:23-cv-06379
Court
U.S. District Court · Southern District of New York
Pages
2
ContractCivil ProcedureFee Petition
In one sentence

In Balance Payments v. Thread Studio, Judge Cote entered default judgment awarding Balance damages, interest, attorney’s fees, and costs.

Who this affects

Balance Payments, Inc. d/b/a Balance obtained a default judgment against Thread Studio LLC for damages, interest, attorney’s fees, and costs.

What happened

Balance Payments, Inc. d/b/a Balance sued Thread Studio LLC for breach of contract. Thread Studio did not appear, so the court treated the properly stated facts in Balance’s amended complaint as admitted.

The court entered judgment for Balance and awarded $313,203.88 in damages, $29,501.23 in prejudgment interest, and a total of $342,705.11, plus interest at 5.49% per year. It also awarded Balance $12,942.50 in attorney’s fees and $1,210.49 in costs.

Judge Denise Cote entered the final default judgment after reviewing the filings and hearing argument from Balance’s counsel.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Balance Payments, Inc. d/b/a Balance v. Thread Studio LLC · No. 1:23-cv-06379
Judge
Denise Cote
Date
Mar. 27, 2024

Background

Balance Payments, Inc. d/b/a Balance brought a breach-of-contract claim against Thread Studio LLC. Thread Studio did not appear in the case. The court considered Balance’s motion for entry of final default judgment, proof of service, a damages declaration, and an amended request for attorney’s fees.

Court’s Analysis

The court found that Balance had stated a breach-of-contract claim in its amended complaint. Because Thread Studio did not appear, it was treated as having admitted the complaint’s well-pleaded factual allegations. The court therefore entered a default judgment in favor of Balance.

The court awarded Balance $313,203.88 in monetary damages and $29,501.23 in prejudgment interest, for a total of $342,705.11, excluding applicable costs. The judgment amount was ordered to bear interest at 5.49% per year. The court also found that the parties’ agreements entitled the prevailing party to attorney’s fees for litigation enforcing the agreements. It found the requested hourly rates and hours reasonable and awarded Balance $12,942.50 in attorney’s fees and $1,210.49 in costs.

Disposition

The court entered final default judgment for Balance Payments, Inc. d/b/a Balance against Thread Studio LLC. It awarded the stated damages, prejudgment interest, attorney’s fees, and costs, and directed that execution issue immediately.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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