Sygall v. Pitsicalis et al

Filing 75

SCHEDULING ORDER FOR DAMAGES INQUEST: It is now ORDERED that: 1. No later than 30 days after entry of this Order, Plaintiff shall file Proposed Findings of Fact and Conclusions of Law describing all claimed damages and any other monetary rel ief. Plaintiff should file this document, along with any accompanying exhibits and affidavits, to ECF under "Civil Events/Other Filings/Trial Documents." Plaintiff shall serve a complete copy of his filing and a copy of this Order by mail to Defendants' last known address. 2. Plaintiff shall support his Findings of Fact and Conclusions of Law with affidavits and other documentary evidence. Each proposed finding of fact shall cite the evidence provided. 3. Defendants shall file a response, if any, no later than 30 days after service. Defendants shall respond to each Finding of Fact and Conclusion of Law asserted by Plaintiff. Defendants may also submit Counter Findings of Fact and Conclusions of Law. Def endants shall support each finding of fact (in both its response to Plaintiff's filing, as well as its own Counter-Statement) with affidavits or other documentary evidence. Each proposed finding of fact shall cite the evidence provided. 4. The Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the parties. See Action S.A. v. Marc Rich & Co., 951 F.2d 504, 508 (2d Cir. 1991); Fustok v. ContiCommodity Servs. Inc., 873 F.2d 38, 4 0 (2d Cir. 1989). Any party seeking an evidentiary hearing on damages must set forth reasons why the inquest should not be based upon the written submissions alone and include a description of what witnesses would be called to testify and the natu re of the evidence that would be submitted. 5. A courtesy copy of any document filed with the Court shall be sent or delivered to the Court as required by the Individual Practices of Judge Netburn, paragraph III(b). SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 10/30/2020) (jca)

Case 1:18-cv-02730-VSB-SN Document 75 Filed 10/30/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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10/30/2020

DAVID SYGALL,
Plaintiff,

18-CV-02730 (VSB)(SN)
SCHEDULING ORDER
FOR DAMAGES INQUEST

-againstANDREW PITSICALIS, et al.,
Defendants.
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SARAH NETBURN, United States Magistrate Judge:

On October 29, 2020, the Honorable Vernon S. Broderick referred this case to my docket
to conduct an inquest and to report and recommend concerning Plaintiff’s damages. It is now
ORDERED that:
1.

No later than 30 days after entry of this Order, Plaintiff shall file Proposed

Findings of Fact and Conclusions of Law describing all claimed damages and any other
monetary relief. Plaintiff should file this document, along with any accompanying exhibits and
affidavits, to ECF under “Civil Events/Other Filings/Trial Documents.” Plaintiff shall serve a
complete copy of his filing and a copy of this Order by mail to Defendants’ last known address.
2.

Plaintiff shall support his Findings of Fact and Conclusions of Law with

affidavits and other documentary evidence. Each proposed finding of fact shall cite the evidence
provided.
3.

Defendants shall file a response, if any, no later than 30 days after service.

Defendants shall respond to each Finding of Fact and Conclusion of Law asserted by Plaintiff.
Defendants may also submit Counter Findings of Fact and Conclusions of Law. Defendants shall

Case 1:18-cv-02730-VSB-SN Document 75 Filed 10/30/20 Page 2 of 2

support each finding of fact (in both its response to Plaintiff’s filing, as well as its own CounterStatement) with affidavits or other documentary evidence. Each proposed finding of fact shall
cite the evidence provided.
4.

The Court hereby notifies the parties that it may conduct this inquest based solely

upon the written submissions of the parties. See Action S.A. v. Marc Rich & Co., 951 F.2d 504,
508 (2d Cir. 1991); Fustok v. ContiCommodity Servs. Inc., 873 F.2d 38, 40 (2d Cir. 1989). Any
party seeking an evidentiary hearing on damages must set forth reasons why the inquest should
not be based upon the written submissions alone and include a description of what witnesses
would be called to testify and the nature of the evidence that would be submitted.
5.

A courtesy copy of any document filed with the Court shall be sent or delivered to

the Court as required by the Individual Practices of Judge Netburn, paragraph III(b).

SO ORDERED.

DATED:

October 30, 2020
New York, New York