Global Brand Holdings, LLC v. Accessories Direct International USA, Inc.

Filing 54

ORDER: Upon the parties' request for an extension of time, Defendant was ordered to respond to Plaintiff's proposed findings of fact and conclusions of law regarding damages by December 16, 2019. Defendant is directed to file a letter ex plaining its failure to comply with the Court's order by Monday, December 23, 2019. IF DEFENDANT (1) FAILS TO RESPOND TO PLAINTIFF'S SUBMISSIONS, OR (2) FAILS TO CONTACT MY CHAMBERS BY MONDAY, DECEMBER 23, 2019 AND REQUEST AN IN-COURT HEAR ING, 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. 19 97) ("'[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))). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/17/2019) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GLOBAL BRAND HOLDINGS, LLC,
Plaintiff,
against

CIVIL ACTION NO.: 17 Civ. 7137 (LAK) (SLC)

ACCESSORIES DIRECT INTERNATIONAL USA, INC.,

ORDER

Defendant.
SARAH L. CAVE, United States Magistrate Judge.
Upon the parties’ request for an extension of time, Defendant was ordered to
respond to Plaintiff’s proposed findings of fact and conclusions of law regarding damages
by December 16, 2019. Defendant is directed to file a letter explaining its failure to comply
with the Court’s order by Monday, December 23, 2019.
IF DEFENDANT (1) FAILS TO RESPOND TO PLAINTIFF'S SUBMISSIONS, OR (2) FAILS TO
CONTACT MY CHAMBERS BY MONDAY, DECEMBER 23, 2019 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))).

Dated:

New York, New York
December 17, 2019
SO ORDERED

_________________________
SARAH L. CAVE
United States Magistrate Judge

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