S. Katzman Produce Inc. v. Abraham Produce Corp.
- Vernon Broderick
- 1:22-cv-10108
- U.S. District Court · Southern District of New York
- 3
In S. Katzman Produce v. Abraham Produce, Judge Broderick adopted damages recommendations and directed judgment against the defaulting defendants.
S. Katzman Produce Inc. and the defaulting defendants—New Aaron Fruit Market Inc., Brighton Beach Farm Market Inc., C&D Family Inc. trading as D&C Market, Errand Grocery & Deli, Inc. trading as Farm Fresh, 1490 Meat Corp. trading as Olive Tree, and Kyoung Suk Song, also known as Hyoung Chul Song. Several other defendants had settled and were dismissed before this order.
What happened
S. Katzman Produce Inc. v. Abraham Produce Corp. began as a lawsuit under the Perishable Agricultural Commodities Act and related common-law claims. Several defendants settled and were dismissed, while the remaining defendants did not defend the case and were found liable by default.
A magistrate judge recommended that the remaining defendants pay specified amounts, plus 9% yearly prejudgment interest calculated from the invoice dates. No party objected to that recommendation.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, adopted it in full, directed the clerk to enter judgment, and closed the case.
The detailed version
- S. Katzman Produce Inc. v. Abraham Produce Corp. · No. 1:22-cv-10108
- Vernon Broderick
- May 2, 2024
Background
S. Katzman Produce Inc. sued various entities and individuals under the Perishable Agricultural Commodities Act, 7 U.S.C. § 499e, and related common-law claims. Katzman settled with several defendants, and those defendants were dismissed. After a certificate of default was issued, Judge Vernon S. Broderick entered a default judgment establishing liability against the remaining defendants and referred the question of damages to Magistrate Judge Katharine H. Parker for an inquest.
The order identifies the remaining defendants as New Aaron Fruit Market Inc.; Brighton Beach Farm Market Inc.; C&D Family Inc., trading as D&C Market; Errand Grocery & Deli, Inc., trading as Farm Fresh; 1490 Meat Corp., trading as Olive Tree; and Kyoung Suk Song, also known as Hyoung Chul Song.
Magistrate Judge’s Recommendation
On February 12, 2024, Magistrate Judge Parker recommended that Katzman receive the following principal amounts from the defaulting defendants, with prejudgment interest calculated at 9% per year from the applicable invoice dates:
- New Aaron Fruit Market: $23,507.15 - Brighton Beach Farm Market: $23,886.88 - D&C Market: $12,463.30 - Farm Fresh: $9,394.25 - Olive Tree: $19,827.79 - Kyoung Suk Song: $201,807.22
The Report and Recommendation stated that the parties had fourteen days to file objections and that failing to object would waive objections for purposes of appeal. No party filed an objection or requested additional time.
Court’s Review and Ruling
Because no timely objection was filed, the district court reviewed the Report and Recommendation for clear error on the face of the record. Judge Broderick found no clear error and adopted the Report and Recommendation in its entirety. The court directed the clerk to terminate any open motions, enter judgment in accordance with the order, and close the case.
This order’s disposition followed an earlier default judgment on liability; the remaining ruling adopted the recommended damages and interest amounts rather than testing liability through a contested trial.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.