Theatrical Drivers and Helpers Local Union No. 817 International Brotherhood of Teamsters v. BNM Production Services, Inc.

Filing 21

SCHEDULING ORDER with respect to 19 Motion for Default Judgment. This matter having been referred to me to issue a report and recommendation concerning Petitioner's Motion for Default Judgment, which seeks entry of ju dgment awarding Petitioner damages in the amount of $ 38,837.82 (the "Motion") (ECF Nos. 1920), it is hereby ORDERED that: 1. Respondent shall submit its response to Petitioner's Motion, no later than Friday, Decembe r 17, 2021. IF RESPONDENT (1) FAILS TO RESPOND TO PETITIONER'S MOTION, OR (2) FAILS TO CONTACT MY CHAMBERS BY FRIDAY, DECEMBER 17, 2021 TO REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION BASED ON PETITIONER'S MOTION 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 h earing, 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))). Petitioner is directed to serve this Order on Respondent and file proof of service by no later than Monday, November 29, 2021. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/18/2021) (tg) Modified on 11/18/2021 (tg).

Case 1:21-cv-01755-AJN-SLC Document 21 Filed 11/18/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
THEATRICAL DRIVERS AND HELPERS LOCAL
UNION NO. 817, INTERNATIONAL
BROTHERHOOD OF TEAMSTERS,
Petitioner,

CIVIL ACTION NO.: 21 Civ. 1755 (AJN) (SLC)

-v-

SCHEDULING ORDER

BNM PRODUCTION SERVICES, INC., d/b/a
“Ricky Rush,”
Respondent.
SARAH L. CAVE, United States Magistrate Judge.
This matter having been referred to me to issue a report and recommendation
concerning Petitioner’s Motion for Default Judgment, which seeks entry of judgment
awarding Petitioner damages in the amount of $ 38,837.82 (the “Motion”) (ECF Nos. 19–20),
it is hereby ORDERED that:
1.

Respondent shall submit its response to Petitioner’s Motion, no later
than Friday, December 17, 2021.

IF RESPONDENT (1) FAILS TO

RESPOND TO PETITIONER’S MOTION, OR (2) FAILS TO CONTACT MY
CHAMBERS BY FRIDAY, DECEMBER 17, 2021 TO REQUEST AN IN-COURT
HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION
BASED ON PETITIONER’S MOTION 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
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Case 1:21-cv-01755-AJN-SLC Document 21 Filed 11/18/21 Page 2 of 2

basis for the damages specified in a default judgment.’” (quoting Fustok
v. ContiCommodity Services Inc., 873 F.2d 38, 40 (2d Cir. 1989))).
Petitioner is directed to serve this Order on Respondent and file proof of service by no
later than Monday, November 29, 2021.
Dated:

New York, New York
November 18, 2021
SO ORDERED.

_________________________
SARAH L. CAVE
United States Magistrate Judge

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