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Chloe v. Zarafshan

United States District Court, S.D. New York
Sep 14, 2009
1:06-cv-03140-RJH-MHD (S.D.N.Y. Sep. 14, 2009)

Summary

holding that a defendant in default "may not invoke the benefits of the set-off rule"

Summary of this case from Johnson & Johnson v. Azam Int'l Trading

Opinion

1:06-cv-03140-RJH-MHD.

September 14, 2009


ORDER


On July 21, 2009, the Court received a thorough and thoughtful Report and Recommendation (the "Report") from the Honorable Michael H. Dolinger, United States Magistrate Judge for the Southern District of New York, advising that plaintiffs are entitled to recover $7,200,000.00 in disgorged profits from defendant Mohammed Alexander Zarafshan a/k/a Alexander Zar ("Zar"). The Report also advises that plaintiffs are entitled to an award of attorneys' fees and costs; plaintiffs, however, have since withdrawn their application for attorneys' fees and costs. Mr. Zar is aware of this litigation and has appeared for a deposition, but the Court has not received any objections to the Report to date.

If a party fails to object to a magistrate judge's report and recommendation, a district court's review is ordinarily limited to ascertaining whether clear error appears on the face of the record. See Nelson v. Smith, 618 F. Supp. 1186, 1189 (S.D.N.Y. 1985). The Court has reviewed the Report and finds no such error. Accordingly, the Court adopts the Report.

SO ORDERED.


Summaries of

Chloe v. Zarafshan

United States District Court, S.D. New York
Sep 14, 2009
1:06-cv-03140-RJH-MHD (S.D.N.Y. Sep. 14, 2009)

holding that a defendant in default "may not invoke the benefits of the set-off rule"

Summary of this case from Johnson & Johnson v. Azam Int'l Trading

concluding that a defaulting defendant, having failed to show how a recovery against him would be duplicative of plaintiff's recovery from settling defendants, “may not invoke the benefits of the set-off rule”

Summary of this case from State Farm Mut. Auto. Ins. Co. v. Grafman

adopting Report and Recommendation

Summary of this case from Rodgers v. Wright

trebling a disgorged profits award of $2.4 million for a total of $7.2 million

Summary of this case from RVC Floor Decor, Ltd. v. Floor & Decor Outlets of Am., Inc.

noting that default suggests a willful violation "because an innocent party would presumably have made an effort to defend itself"

Summary of this case from Spin Master, Inc. v. Amy & Benton Toys & Gifts Co.

awarding plaintiffs more than $2.4 million based on defendants' receipts of sales proceeds and noting that "[s]ince defendant chose to default and has not appeared in this proceeding, he has necessarily failed to carry his burden to demonstrate deductible expenses"

Summary of this case from Koon Chun Hing Kee Soy & Sauce Factory, Ltd. v. Kun Fung U.S. Trading Co.
Case details for

Chloe v. Zarafshan

Case Details

Full title:CHLOE, ET AL., Plaintiffs, v. MOHAMMED ALEXANDER ZARAFSHAN A/K/A ALEXANDER…

Court:United States District Court, S.D. New York

Date published: Sep 14, 2009

Citations

1:06-cv-03140-RJH-MHD (S.D.N.Y. Sep. 14, 2009)

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