Choi v. Kim, No. 1:2006cv02740 - Document 16 (S.D.N.Y. 2009)
Court Description: MEMORANDUM AND ORDER AND OPINION ADOPTING REPORT AND RECOMMENDATION #97431, defendant Jason Kim is liable to Plaintiff Eun Hee Choi for $350,000 in compensatory damages for pain and suffering. The Clerk of the Court is hereby requested to enter judgment accordingly and close this case. (Signed by Judge Laura Taylor Swain on 4/21/09) (cd) Modified on 4/22/2009 (mro).
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x EUN HEE CHOI, Plaintiff, -v- No. 06 Civ. 2740 (LTS)(DCF) JASON KIM, Defendant. -------------------------------------------------------x M EMORANDUM O RDER AND O PINION A DOPTING R EPORT AND R ECOMMENDATION Plaintiff Eun Hee Choi ( Plaintiff ) commenced this action by filing a complaint asserting various tort claims against defendant Jason Kim ( Defendant ), of which the Court has subject matter jurisdiction pursuant to 28 U.S.C. ยง 1332. Defendant failed to interpose a timely answer to the complaint or otherwise move in this proceeding, and the Court granted Plaintiff permission to move for a default judgment. Upon consideration of Plaintiff s default judgment application, the Court granted Plaintiff s motion and referred the case to Magistrate Judge Freeman for an inquest as to damages. Judge Freeman issued a scheduling order establishing the procedures the litigants were to follow in the inquest. Plaintiff filed her submission accordingly and requested an award of $1,000,000 in compensatory damages for pain and suffering and $1,000,000 in punitive damages. Defendant failed to respond to Plaintiff s submissions or to contact Judge Freeman s chambers. Accordingly, after allotting Defendant ample time to appear, Judge Freeman issued a Report and Recommendation (the Report ) based upon the submissions of Plaintiff alone. The Report C H O I .W P D V E R S I O N 4 /2 1/0 9 1
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