BBA Logistics LLC, individually and as assignee of SL Produce LLC v. Go Pro Express LLC

Summary

The United States District Court for the Southern District of Texas adopted a magistrate judge’s Report and Recommendation concerning Plaintiff’s motion for default judgment. The court granted the motion in part on Plaintiff’s Carmack Amendment and breach of contract claims, denied attorney’s fees, and awarded $20,076.00 in damages plus pre- and post-judgment interest.

Holdings

1. When no party objects to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error and may adopt it in whole if no clear error is found.
2. Plaintiff's motion for entry of final judgment by default was properly granted in part and denied in part as recommended: default judgment was entered on the Carmack Amendment and breach-of-contract claims, attorney's fees were denied, and the recommended damages and interest were awarded.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no party filed objections and the court found no clear error.
2. Whether Plaintiff's motion for entry of final judgment by default should be granted on the Carmack Amendment and breach-of-contract claims, denied as to attorney's fees, and accompanied by the recommended damages and interest awards.

Disposition

other