Reliant Life Sciences, LLC v. AGC Biologics et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Reliant Life Sciences, LLC
v.
AGC Biologics, Inc. and
Daigle Computer Systems, Inc.
Case No. 22-cv-137-SE
ORDER
After consideration of plaintiff Reliant Life Science, LLC’s
response (doc. no. 22) to the court’s June 26, 2023 order, the court
herewith approves in part the Report and Recommendation of Magistrate
Judge Andrea K. Johnstone dated May 23, 2023 (doc. no. 20). The court
approves the portion of the R&R recommending that the court: (1) grant
Reliant’s motion for default judgment (doc. no. 19) on its claims for
breach of contract and violation of RSA 358-A, (2) award Reliant
damages in the amount of $4,223.50 in attorneys’ fees and $181.30 in
costs, and (3) dismiss the remaining claims against defendant Daigle
Computer Systems, Inc. as moot.
The court does not approve the portion of the R&R recommending
that the court award $105,000 in treble damages under RSA 358-A. The
court has considered Reliant’s arguments and does not find persuasive
its contention that RSA 358-A permits the trebling of a liquidated
damages award. Neither New Hampshire case law nor the plain language
of the statute supports such an award. The court, however, grants
Reliant’s request to present evidence of its actual damages for the
purposes of its claim under RSA 358-A.
Case 1:22-cv-00137-SE Document 23 Filed 07/31/23 Page 1 of 2

Conclusion
For the foregoing reason, the court approves in part the Report
and Recommendation of Magistrate Judge Andrea K. Johnstone dated May
23, 2023 (doc. no. 20). The court grants in part Reliant’s motion for
default judgment (doc. no. 19) to the extent that it requests judgment
on its claims for breach of contract and violation of RSA 358-A and
damages in the amount of $4,223.50 in attorneys’ fees and $181.30 in
costs. The remaining claims are dismissed as moot. The court denies
without prejudice Reliant’s motion for default judgment to the extent
that it seeks an award of $105,000 in damages under RSA 358-A.
Within 21 days, Reliant shall file a renewed motion for default
judgment as to its claim for damages for breach of contract and for a
violation of RSA 358-A. To the extent that Reliant seeks treble
damages under RSA 358-A, it shall present evidence of its actual
damages.
SO ORDERED.
____________________________
Samantha D. Elliott
United States District Judge
Date: July 31, 2023
cc: Counsel of record
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