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S.D.N.Y.Procedural orderFiled Mar. 10, 2022

Paravas v. Long Tran

Judge
Alison Nathan
Docket
1:21-cv-00807
Court
U.S. District Court · Southern District of New York
Pages
3
ContractTortCivil Procedure
In one sentence

In Paravas v. Long Tran, Judge Nathan granted default judgment for breach of contract and defamation and awarded damages, costs, and interest.

Who this affects

Trisha Paravas received the default judgment and monetary awards; Long Tran was the defendant against whom judgment was entered.

What happened

In Paravas v. Long Tran, Trisha Paravas asked the court to enter default judgment against Long Tran on her breach-of-contract and defamation claims. The court had referred that request to Magistrate Judge Katharine H. Parker, who recommended granting it.

No objections were filed by the deadline. The court therefore reviewed the recommendation for clear error, found none, and adopted it in full. It awarded Paravas $685 for breach of contract, $22,055 for defamation, $557.98 in court costs, and specified pre- and post-judgment interest.

Judge Alison J. Nathan granted Paravas’s motion for default judgment, directed the clerk to enter judgment, and ordered the case closed.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Paravas v. Long Tran · No. 1:21-cv-00807
Judge
Alison Nathan
Date
Mar. 10, 2022

Background

Trisha Paravas moved for default judgment against Long Tran on claims for breach of contract and defamation. On November 5, 2021, the court referred the motion to Magistrate Judge Katharine H. Parker. Judge Parker issued a Report and Recommendation on February 22, 2022, recommending that the court grant the motion.

Review of the Recommendation

The court explained that, when no timely objection is filed, it reviews a magistrate judge’s recommendation for clear error on the record. No objections to Judge Parker’s recommendation were filed by the deadline. The court therefore applied that standard and found no clear error. A separate filing by Paravas requesting permanent deletion of medical records did not object to the recommendation; the opinion states that Judge Parker would address that request separately.

Ruling and Award

The court adopted the Report and Recommendation in its entirety and granted Paravas’s motion for default judgment against Tran on the breach-of-contract and defamation claims. The court awarded Paravas:

- $685 in breach-of-contract damages; - $22,055 in defamation damages; - $557.98 in court costs; - prejudgment interest on those damages at $1.40 per day from February 14, 2020, through entry of judgment; and - post-judgment interest under 28 U.S.C. § 1961.

Judge Alison J. Nathan directed the clerk to enter judgment consistent with the Report and Recommendation and close the case. The order resolved docket number 12.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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