Donaldson Interiors, Inc. v. Alply Insulated Panels, LLC

Filing 51

ORDER DISMISSING CASE Re: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), the Clerk of the Court is respectfully directed to enter judgment against defendant as follows: Defendant Alply Insulated Panels, LLC is liable to plaintiff Donaldson Inter iors, Inc. for $1,479,342.54 in damages. Post judgment interest is granted and shall be calculated pursuant to 28 U.S.C. § 1961 as of the date of this Default Judgment until the date of its satisfaction. The Clerk of the Court is also directed to mark this case closed. So Ordered by Judge Joan M. Azrack on 8/16/2019. (Ortiz, Grisel)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DONALDSON INTERIORS, INC.,
Plaintiffs,
-againstALPLY INSULATED PANELS, LLC,
Defendant.
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AZRACK, United States District Judge:

For Online Publication Only
ORDER
16-cv-06970 (JMA) (AYS)
FILED 
CLERK 

8/16/2019 2:12 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

On May 6, 2019, the Court granted plaintiff Donaldson Interiors, Inc.’s motion for default
judgment against defendant Alply Insulated Panels, LLC. (ECF No. 47.) Plaintiff was directed to
submit evidence to the Court concerning damages within sixty (60) days of the Court’s Order and
has now submitted supporting affidavits to substantiate its damages calculation of $1,479,342.54.
(ECF Nos. 49, 50.) “‘[W]hile a party’s default is deemed to constitute a concession of all well
pleaded allegations of liability, it is not considered an admission of damages.’” Bricklayers &
Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC,
779 F.3d 182, 189 (2d Cir. 2015) (quoting Cement & Concrete Workers Dist. Council Welfare
Fund v. Metro Found. Contractors, Inc., 699 F.3d 230, 234 (2d Cir. 2012)). The Court must
conduct an inquiry to “ascertain the amount of damages with reasonable certainty.” Credit
Lyonnais Sec., Inc. v. Alcantara, 183 F.3d 151, 155 (2d Cir. 1999) (citing Transatlantic Marine
Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997)). The Court finds
that plaintiff’s supporting affidavits, (ECF Nos. 49, 50), establish its damages in the amount of
$1,479,342.54 to a reasonable certainty.

Accordingly, the Clerk of the Court is respectfully directed to enter judgment against
defendant as follows: Defendant Alply Insulated Panels, LLC is liable to plaintiff Donaldson
Interiors, Inc. for $1,479,342.54 in damages. Post judgment interest is granted and shall be
calculated pursuant to 28 U.S.C. § 1961 as of the date of this Default Judgment until the date of
its satisfaction.
The Clerk of the Court is also directed to mark this case closed.
SO ORDERED.
Dated: August 16, 2019
Central Islip, New York

/s/ (JMA)
JOAN M. AZRACK
UNITED STATES DISTRICT JUDGE

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