Norris v. RPC Restaurant Corp.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NAMEL NORRIS,

Plaintiff,

-v- CIVIL ACTION NO. 21 Civ. 8956 (JLR) (SLC)

RPC RESTAURANT CORP., et al., ORDER

Defendants. SARAH L. CAVE, United States Magistrate Judge. The matter was referred for a report and recommendation on Plaintiff’s pending motions for default judgment (ECF Nos. 130–36 (the “Motions”)) and an inquest into damages. (ECF No 137). Accordingly, it is ORDERED that Defendants shall submit their response to the Motions, if any, no later than December 2, 2024. IF DEFENDANTS (1) FAIL TO RESPOND TO THE MOTIONS, OR (2) FAIL TO CONTACT MY CHAMBERS BY DECEMBER 2, 2024 AND REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION 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 and the Motions (ECF Nos. 130–36) on Defendants and file proof of service by November 18, 2024. Dated: New York, New York November 13, 2024 SO ORDERED. 2 AHL. We United States Magistrate Judge