Evriholder Products, LLC v. Simply Lbs Ltd Company et al

Filing 54

ORDER re: 52 Report and Recommendations. It is hereby ORDERED that Plaintiff shall serve the Report on Defendant Simply LBS Ltd Company by no later than November 18, 2020, and file proof of such service on the docket. Defendant Simply LBS Ltd Company shall have until December 1 to file any written objections. SO ORDERED. (Objections to R&R due by 12/1/2020) (Signed by Judge Ronnie Abrams on 11/4/2020) (kv)

Case 1:17-cv-04329-RA-BCM Document 54 Filed 11/04/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 11/4/2020

EVRIHOLDER PRODUCTS, LLC,
Plaintiff,
v.

No. 17-CV-4329 (RA)
ORDER

SIMPLY LBS LTD COMPANY,
Defendant.

RONNIE ABRAMS, United States District Judge:
Plaintiff Evriholder Products, LLC, brought this action for patent infringement on June 8,
2017 against Defendants Simply LBS Ltd Company, Impulseev Ltd., Huanyu HK, Ltd. and John
Does 1-10. Dkt. 1.
On April 24, 2019, the Court issued an Order granting default judgment in favor of Plaintiff
against Defendant Simply LBS Ltd Company on Plaintiff’s first cause of action for patent
infringement. Dkt. 43. By separate order, the Court referred the case to Magistrate Judge Moses
for an inquest as to damages. Dkt. 44. On April 21, 2020, Judge Moses issued a Report &
Recommendation (the “Report”), recommending, inter alia, that this Court grant Plaintiff’s request
for compensatory damages in the total amount of $325,153.76, in addition to prejudgment interest
on that sum at the rate of 3.75% from March 15, 2017, to the date on which judgment is entered,
and $202.87 in costs. Rpt. at 25. Judge Moses’s Order provided that, “The parties shall have
fourteen days from the service of this report and recommendation to file written objections
pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure.” Id. at
26.

Case 1:17-cv-04329-RA-BCM Document 54 Filed 11/04/20 Page 2 of 2

On October 6, 2020, the Court ordered Plaintiff to serve the Report on Defendant Simply
LBS Ltd Company by no later than October 16, 2020, and to file proof of such service on the
docket. Plaintiff has failed to do so. It is thus not clear from the docket whether Defendant Simply
LBS Ltd Company was ever served with a copy of the Report.
It is hereby ORDERED that Plaintiff shall serve the Report on Defendant Simply LBS Ltd
Company by no later than November 18, 2020, and file proof of such service on the docket.
Defendant Simply LBS Ltd Company shall have until December 1 to file any written objections.
SO ORDERED.
Dated:

November 4, 2020
New York, New York
Ronnie Abrams
United States District Judge

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