Daniels v. Kostreva

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's motion for a default judgment is granted, and damages in the amount of $70,000 are awarded. ( Ordered by Judge Allyne R. Ross on 2/7/2017 ) *Forwarded for jgm. (Guzzi, Roseann)

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FILED US 11^ FEB 8 - 2017 * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK BROOKLYN OFFICE X 15-CV-3141 (ARR) (LB) ZAKKIYAH R. DANIELS, NOT FOR ELECTRONIC Plaintiff, OR PRINT PUBLICATION -againstOPINION & ORDER KATHERINE M.KOSTREVA, Defendant. X ROSS, United States District Judge: On June 1, 2015, plaintiff Zakkiyah R. Daniels commenced this defamation diversity action against defendant Katherine Kostreva. Compl.,ECF No. 1. Despite proper service, defendant has failed to answer or otherwise respond to the Complaint. This court received a report and recommendation("R.& R.")from the Honorable Lois Bloom, United States Magistrate Judge, addressing plaintiffs motion for defaultjudgment, on January 12, 2017. R. & R., ECF No. 27. Defendant, pro se, timely filed objections on January 26, 2017. Def.'s Obj. R. & R.("Def.'s Obj."), ECF No. 28. Specifically, defendant argues that Judge Bloom incorrectly determined that the alleged defamatory statements are actionable statements of fact, rather than opinion. Id. at 1. Defendant requests that the motion for default judgment be denied or, in the alternative, a hearing be held regarding the truth or falsity of any statements of fact.^ Id. Defendant also requests an extension oftime to file a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). Id. After de novo review, I conclude that the statements at issue are statements of fact or mixed opinion-fact statements actionable under New York law. I deny defendant's As explained below, I construe this request as a motion to set aside the entry of default. /s/(ARR)

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