Honeedew Investing LLC v. Abadi

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X HONEEDEW INVESTING LLC,

Plaintiff, 19-CV-08951 (JPC) (VF)

-against- ORDER

JOSE ABADI,

Defendant. -----------------------------------------------------------------X VALERIE FIGUEREDO, United States Magistrate Judge: This matter having been referred to me to conduct an inquest and to report and recommend concerning plaintiff’s damages, it is hereby ORDERED that: 1. Plaintiff shall submit proposed findings of fact and conclusions of law concerning damages no later than August 11, 2025. Plaintiff must support all factual assertions by affidavit and/or other evidentiary material. Plaintiff’s[s’] requested attorneys’ fees and costs must be recorded in the form below, adding fields as necessary, and supported by evidentiary material. 2. Defendant shall submit his response to plaintiff’s submissions, if any, no later than September 1, 2025. IF DEFENDANT (1) FAILS TO RESPOND TO PLAINTIFF’S SUBMISSIONS, OR (2) FAILS TO CONTACT MY CHAMBERS BY SEPTEMBER 1, 2025 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) (“‘[]]t [1s] 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 Defendant and file proof of service by no later than August 11, 2025.

Dated: New York, New York July 14, 2025

SO ORDERED

VALERIE FIGUBREDO United States Magistrate Judge

Requested Attorneys’ Fees Timekeeper Requested Rate Requested Hours Requested Total

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Requested Costs Type of Expense Evidence (with ECF cite) Amount Requested