Yague v. Visionaire Publishing LLC

S.D. New York

Yague v. Visionaire Publishing LLC

District Court, S.D. New York·Decided February 17, 2022·No. 1:19-cv-11717·Unknown

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UNITED STATES DISTRICT COURT ty FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 2/17/2022 Carlos Munoz Yague, Plaintiff, 1:19-cv-11717 (UL) (SDA) -against- ORDER Visionaire Publishing LLC, Defendant.

STEWART D. AARON, United States Magistrate Judge: Following a telephone conference today, for which only Plaintiff appeared, it is hereby Ordered as follows: 1. No later than March 10, 2022, Plaintiff shall serve on Defendant his inquest memorandum of law, along with any supporting affidavits or declarations, and file such papers and proof of service on the ECF docket. 2. Defendant shall file any opposition no later than March 31, 2022. 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). To the extent that any party seeks an evidentiary hearing on the issue of damages, such party must set forth in its submission the reason 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. SO ORDERED. DATED: New York, New York February 17, 2022

STEWART D. AARON United States Magistrate Judge

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UNITED STATES DISTRICT COURT ty FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 2/17/2022 Carlos Munoz Yague, Plaintiff, 1:19-cv-11717 (UL) (SDA) -against- ORDER Visionaire Publishing LLC, Defendant.

STEWART D. AARON, United States Magistrate Judge: Following a telephone conference today, for which only Plaintiff appeared, it is hereby Ordered as follows: 1. No later than March 10, 2022, Plaintiff shall serve on Defendant his inquest memorandum of law, along with any supporting affidavits or declarations, and file such papers and proof of service on the ECF docket. 2. Defendant shall file any opposition no later than March 31, 2022. 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). To the extent that any party seeks an evidentiary hearing on the issue of damages, such party must set forth in its submission the reason 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. SO ORDERED. DATED: New York, New York February 17, 2022

STEWART D. AARON United States Magistrate Judge

Yague v. Visionaire Publishing LLC, (S.D.N.Y. 2022).

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