GS Holistic, LLC v. New Paradise Inc et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
GS Holistic, LLC,
Plaintiff,
-v-
New Paradise Inc, d/b/a New Paradise Store,
Surendra Pradhan
Defendants.
2:25-cv-2609
(NJC) (JMW)
MEMORANDUM AND ORDER
NUSRAT J. CHOUDHURY, United States District Judge:
On October 17, 2025, Plaintiff GS Holistic, LLC (“GS Holistic”), filed a Motion for
Default Judgment. (ECF No. 15.) On November 13, 2025, Magistrate Judge James M. Wicks
issued a Report and Recommendation (the “R&R”) recommending that GS Holistic’s Motion for
Default Judgment be granted. (R&R, ECF No. 23.) A copy of the R&R was filed electronically
on November 13, 2025. (See id. at 22.) The R&R instructed that any objections to the R&R must
be submitted in writing to the Clerk of Court within fourteen (14) days of service, i.e., by
November 27, 2025. (Id.)
The date for filing any objections has thus expired, and no party has filed an objection to
the R&R. In reviewing a report and recommendation, the court “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C.
§ 636(b)(1). If no objections are filed, a district court reviews a report and recommendation for
clear error. Nambiar v. Cent. Orthopedic Grp., LLP, 158 F.4th 349 (2d Cir. 2025) (“If a party
fails to properly object to the R&R, the district judge reviews the R&R only for clear error.”);
see also Salome v. Metro Cheese Inc., No. 24-CV-4659 (AMD) (CLP), 2025 WL 3282755, at *2
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(E.D.N.Y. Nov. 25, 2025).
Because a motion to for default judgment is dispositive, and because no party has filed
timely objections to the R&R, I review the R&R for clear error. Having conducted a review of
the motion papers and the applicable law, and having reviewed the R&R de novo out of an
abundance of caution, I adopt the thorough and well-reasoned R&R in its entirety.
Accordingly, I grant GS Holistic’s Motion for Default Judgment (ECF No. 15) in its
entirety as follows:
1. 	Defaulting Defendants are found liable, jointly and severally, on all of Plaintiff’s
claims asserted in the Complaint (ECF No. 1);
2. 	Plaintiff is awarded statutory damages in the amount of $200,000.00, costs in the
amount of $977.87, and post-judgment interest to be calculated from the date the
Clerk of Court enters judgment in this action until the date of payment, at the rate
set forth in 28 U.S.C. § 1961;
3. 	Defendants Surendra Pradhan and New Paradise Inc and their agents, employees,
officers, directors, owners, representatives, successor companies, related
companies, and all persons acting in concert or participation with it are
permanently restrained and enjoined from infringing upon the Stündenglass
Marks directly or contributorily, in any manner, including but not limited to:
a. 	the import, export, making, manufacture, reproduction, assembly, use,
acquisition, purchase, offer, sale, transfer, brokerage, consignment,
distribution, storage, shipment, licensing, development, display, delivery,
marketing, advertising, or promotion of the counterfeit Stündenglass products,
meaning products bearing the Stündenglass trademarks (registration numbers
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6,633,884; 6,174,292; 6,174,291; and 7,028,399), and any counterfeit, copy,
or colorful imitation thereof.
4. 	Defendants are ordered to destroy all trade dress products and remove the
products from the market as part of the permanent injunction; and
5. 	Defendants are ordered to serve Plaintiff with an affidavit that it complied with
the Injunction within thirty (30) days after service is made.
Dated: Central Islip, New York
December 16, 2024
________/s Nusrat J. Choudhury_______
NUSRAT J. CHOUDHURY
United States District Judge
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