Carmela Ramos v. Sabor Tropical Restaurant Corp., et al.

• Court: District Court, S.D. New York
• Decided: January 22, 2026
• Docket: 1:25-cv-05075
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Carmela Ramos, Plaintiff, 1:25-cv-05075 (JLR) (SDA) -against- ORDER Sabor Tropical Restaurant Corp., et al., Defendants.

STEWART D. AARON, United States Magistrate Judge: On January 12, 2026, this action was referred to the undersigned for a Report and Recommendation on Plaintiff’s motion for a default judgment and an inquest on damages. (See Referral Order, ECF No. 34; Pl.’s Mot. for Default J., ECF No. 29.) The deadline for Defendants to file any opposition to Plaintiff’s motion was January 13, 2026 (see 12/10/25 Order, ECF No. 30) and no opposition has been filed. “Under Rule 55(b) of the Federal Rules of Civil Procedure, where a party has applied for a default judgment, the ‘[district] court may conduct hearings or make referrals’ in order to, among other things, ‘determine the amount of damages[,] establish the truth of any allegation by evidence[,] or investigate any other matter.’” Finkel v. Romanowicz, 577 F.3d 79, 87 (2d Cir. 2009) (quoting Fed. R. Civ. P. 55(b)(2)(B)-(D)). “In permitting, but not requiring, a district court to conduct a hearing before ruling on a default judgment, Rule 55(b) commits this decision to the sound discretion of the district court.” Id. The Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the parties. See Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182, 189 (2d Cir. 2015) (quoting Action S.A. v. Marc Rich & Co., 951 F.2d 504, 508 (2d Cir. 1991)); Cement & Concrete Workers Dist. Council Welfare Fund, Pension Fund, Annuity Fund, Educ. & Training Fund & Other Funds v. Metro Found. Contractors Inc., 699 F.3d 230, 234 (2d Cir. 2012) (citation omitted). Plaintiff has indicated his desire for the Court conduct the inquest based solely on written submissions. (See Pl.’s 1/21/25 Ltr., ECF No. 35.) It is hereby Ordered that, if any Defendant seeks an evidentiary hearing, they must file a letter no later than February 8, 2026 setting forth the reason(s) why the inquest should not be conducted based upon the written submissions alone, including a description of what witnesses would be called to testify at a hearing and the nature of the evidence that would be submitted. It is further Ordered that Plaintiff promptly serve a copy of this Order on Defendants by mail and, no later than January 27, 2026, file proof of service on the ECF docket. SO ORDERED. DATED: New York, New York January 22, 2026

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STEWART D. AARON United States Magistrate Judge