Hernandez v. Lake Ave Pizza LLC

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SERGIO HERNANDEZ NAJERA, individually and on behalf of others similarly situated,

Plaintiff,

CIVIL ACTION NO.: 21 Civ. 6753 (LGS) (SLC) -v-

ORDER

LAKE AVE PIZZA LLC, doing business as LAKE AVENUE PIZZA, and RAYMOND DELFINO, individually,

Defendants.

SARAH L. CAVE, United States Magistrate Judge. This matter having been referred to me to conduct an inquest and to report and recommend concerning Plaintiff’s damages (see ECF No. 66), it is hereby ORDERED that: 1. Plaintiff shall submit proposed findings of fact and conclusions of law concerning damages no later than Friday, October 28, 2022. Plaintiff must support all factual assertions by affidavit and/or other evidentiary material. Plaintiff’s requested attorneys’ fees and costs must be recorded in the form below, adding fields as necessary, and supported by evidentiary material. 2. Defendants shall submit their response to Plaintiff's submissions, if any, no later than Friday, November 11, 2022. IF DEFENDANTS (1) FAIL TO RESPOND TO PLAINTIFF'S SUBMISSIONS, OR (2) FAIL TO CONTACT MY CHAMBERS BY APRIL 7, 2022, AND REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION CONCERNING DAMAGES BASED ON PLAINTIFF'S WRITTEN SUBMISSIONS ALONE WITHOUT AN IN-COURT HEARING. See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (“‘{I]t [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in a default judgment.’” (quoting Fustok v. ContiCommodity Services Inc., 873 F.2d 38, 40 (2d Cir. 1989))).

Plaintiff is directed to serve this Order on Defendants and file proof of service by no later than Tuesday, October 4, 2022.

Dated: New York, New York September 30, 2022 SO ORDERED.

ICU) A ARAH L. CAVE United States Magistrate Judge

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