Burns v. Scott et al
Filing
28
ORDER. It is hereby ORDERED that: 1. Plaintiff shall submit proposed findings of fact and conclusions of law concerning damages no later than November 24, 2021. Plaintiff must support all factual assertions by affidavit and/or other evidentiary ma terial. Plaintiff's requested attorneys' fees and costs must be recorded in the form below, adding fields as necessary, and supported by evidentiary material. 2. Defendants shall submit their response to Plaintiff's submissions, if a ny, no later than December 15, 2021. IF DEFENDANTS (1) FAIL TO RESPOND TO PLAINTIFF'S SUBMISSIONS, OR (2) FAIL TO CONTACT MY CHAMBERS BY DECEMBER 15, 2021 AND REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION CONCERNI NG 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))). Plaintiff is directed to serve th is Order on Defendants and file proof of service by no later than November 24, 2021. Plaintiff is warned that failure to comply to this Order may cause the Court to issue an order to show cause why this case should not be dismissed for failure to prosecute. Fed. R. Civ. P. 41(b). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/17/21) (yv)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ROBERT BURNS, on his own behalf and on behalf
others similarly situated,
Plaintiff,
CIVIL ACTION NO.: 20 Civ. 10518 (JGK) (SLC)
-vGABRIEL SCOTT and SHIFT HOSPITAL, LLC,
ORDER
Defendants.
SARAH L. CAVE, United States Magistrate Judge.
On October 13, 2021, this matter was referred to me to conduct an inquest and to
issue a report and recommendation concerning Plaintiff's damages. (ECF No. 26). On
October 14, 2021, the Court directed Plaintiff to submit proposed findings of fact and
conclusions of law concerning damages no later than November 12, 2021. (ECF No. 27). To
date, Plaintiff has neither filed his proposed findings of fact and conclusions of law
concerning damages nor requested an extension of the now-lapsed deadline to do so.
Nonetheless, the Court sua sponte extends Plaintiff’s deadline to file the materials
necessary for the Court to ascertain his damages. Accordingly, it is hereby ORDERED that:
1.
Plaintiff shall submit proposed findings of fact and conclusions of law
concerning damages no later than November 24, 2021. Plaintiff must
support all factual assertions by affidavit and/or other evidentiary material.
Plaintiff’s requested attorneys’ fees and costs must be recorded in the form
below, adding fields as necessary, and supported by evidentiary material.
2.
Defendants shall submit their response to Plaintiff’s submissions, if any,
no later than December 15, 2021.
IF DEFENDANTS (1) FAIL TO
RESPOND TO PLAINTIFF’S SUBMISSIONS, OR (2) FAIL TO CONTACT MY
CHAMBERS BY DECEMBER 15, 2021 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))).
Plaintiff is directed to serve this Order on Defendants and file proof of service by no
later than November 24, 2021.
Plaintiff is warned that failure to comply to this Order may cause the Court to issue an
order to show cause why this case should not be dismissed for failure to prosecute. Fed. R. Civ.
P. 41(b).
Dated:
New York, New York
November 17, 2021
SO ORDERED.
_________________________
SARAH L. CAVE
United States Magistrate Judge
2
Requested Attorneys’ Fees
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Requested Costs
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3
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