Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam
- Vernon Broderick
- 1:22-cv-07396
- U.S. District Court · Southern District of New York
- 2
In Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam, Judge Broderick adopted damages recommendations and ordered judgment after Defendant’s default in a copyright case.
Scott Cawthon receives the amounts recommended for damages, attorneys’ fees, and costs, plus post-judgment interest under the order. Cong Ty Co Phan Tap Doan Apec Viet Nam is subject to the judgment after failing to appear.
What happened
In Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam, Scott Cawthon sued the defendant for copyright infringement. The defendant did not appear, and the court previously entered a default judgment deciding liability in Cawthon’s favor.
The court referred the question of damages to Magistrate Judge Ona T. Wang. She recommended $10,000 in damages, $7,970.62 in attorneys’ fees, $402 in costs, and post-judgment interest at the federal rate. Neither party objected.
Judge Vernon S. Broderick reviewed the recommendation for clear error, found none, and adopted it in its entirety. He directed the Clerk’s Office to enter judgment consistent with the order and close the case.
The detailed version
- Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam · No. 1:22-cv-07396
- Vernon Broderick
- Mar. 6, 2025
Background
Scott Cawthon filed this copyright-infringement action against Cong Ty Co Phan Tap Doan Apec Viet Nam on August 30, 2022. The defendant failed to appear. After two hearings requiring the defendant to explain its failure to appear, the court entered a default judgment as to liability on September 18, 2023. A default judgment is a judgment entered when a party does not appear or otherwise defend the case; here, the earlier judgment resolved liability in Cawthon’s favor.
The court then referred the case to Magistrate Judge Ona T. Wang to determine damages. On December 16, 2024, Judge Wang issued a report and recommendation, which is a magistrate judge’s proposed decision for the district judge to review. It recommended an award of $10,000 in damages under 17 U.S.C. § 504(c), $7,970.62 in attorneys’ fees under 17 U.S.C. § 505, $402 in costs, and post-judgment interest from entry of the award until payment at the federal rate under 28 U.S.C. § 1961.
Court’s Review and Disposition
Neither party objected to the report and recommendation or requested more time to do so. Judge Vernon S. Broderick reviewed the report for clear error, meaning an obvious mistake on the face of the record, and found none. He therefore adopted the report and recommendation in its entirety. The order directed the Clerk’s Office to enter judgment in accordance with the order and close the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.