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S.D.N.Y.Procedural orderFiled Dec. 6, 2022

Paypolitan OU v. Marchesoni

Judge
Ronnie Abrams
Docket
1:21-cv-05397
Court
U.S. District Court · Southern District of New York
Pages
2
ContractCivil Procedure
In one sentence

In Paypolitan OU v. Marchesoni, Judge Ronnie Abrams adopted a damages recommendation, awarding Paypolitan $809,258.59 plus $532 in costs.

Who this affects

Paypolitan OU received an award of $809,258.59 in damages and $532 in costs. Eloisa Marchesoni and Giacomo Arcaro are the defendants against whom the Clerk of Court was directed to enter judgment.

What happened

In Paypolitan OU v. Marchesoni, Paypolitan OU sued Eloisa Marchesoni and Giacomo Arcaro, including for breach of contract and conversion. After the defendants did not answer or formally appear, the court previously entered default judgment for Paypolitan on its breach-of-contract claim.

The court had sent the damages question to Magistrate Judge Lehrburger, who recommended awarding Paypolitan $809,258.59 in damages and $532 in costs. No party objected to that recommendation, so the court reviewed it for obvious error and found none.

Judge Ronnie Abrams adopted the recommendation in full, awarded Paypolitan the stated damages and costs, directed the Clerk of Court to enter judgment for Paypolitan, and closed the case.

The detailed version

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

Case
Paypolitan OU v. Marchesoni · No. 1:21-cv-05397
Judge
Ronnie Abrams
Date
Dec. 6, 2022

Background Paypolitan OU filed the action against Eloisa Marchesoni and Giacomo Arcaro, asserting claims including breach of contract and conversion. The defendants requested more time to respond but did not answer or formally appear. The court granted Paypolitan's motion for default judgment on the breach-of-contract claim on May 26, 2022. A default judgment is a judgment entered after a party fails to defend the case.

Damages Recommendation The court referred the case to Magistrate Judge Lehrburger to determine damages. On August 26, 2022, Judge Lehrburger issued a report and recommendation. Neither party objected. When there is no objection, the district court may adopt the recommendation if the record shows no clear error.

Ruling The court reviewed the recommendation for clear error and found none. Judge Ronnie Abrams adopted Judge Lehrburger's report and recommendation in its entirety. The court awarded Paypolitan OU $809,258.59 in damages and $532 in costs, directed the Clerk of Court to enter judgment for Paypolitan, and closed the case.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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