Ixcoy Perez et al v. Mechanical Service Corp. of New York et al

Filing 54

ORDER: This matter has been referred to me for Inquest following a default. By December 16, 2022, Plaintiffs shall file (1) proposed findings of fact and conclusions of law, and (2) an inquest memorandum setting forth proof of damages. Plaintiffs 9; proposed damages figures should be supported by documentary evidence and/or one or more affidavits establishing the proposed figures. Plaintiffs must also include documentation supporting the requested attorney's fees and costs. Plaintiffs mu st serve these documents on the defaulting Defendants, as defined in ECF 52, and file a proof of service on the docket by December 16, 2022. Defendants' opposition papers (if any) shall be filed by January 13, 2023. The Court hereby notifies the parties that it may conduct this inquest solely on the written submissions of the parties. See Action S.A. v. Marc Rich & Co., Inc., 951 F.2d 504, 508 (2d Cir. 1991). If any party seeks an evidentiary hearing on damages, such party must include the request in its papers, as well as provide reasons why a hearing is necessary and detail what types of additional evidence would be presented at the hearing. Plaintiff shall serve a copy of this Order on the Defaulting Defendants and file proof of service on the docket by November 30, 2022. SO ORDERED., ( Motions due by 12/16/2022., Responses due by 1/13/2023) (Signed by Magistrate Judge Ona T. Wang on 11/17/2022) (ama)

Case 1:21-cv-02467-AT-OTW Document 54 Filed 11/17/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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ROMEO IXCOY PEREZ and ROMEO
:
SONTAY, individually and on behalf of
:
others similarly situated,
:
:
Plaintiffs,
:
:
-against:
:
MECHANICAL SERVICE CORP. OF NEW ORDER :
YORK (D/B/A MECHANICAL SERVICE
:
CORP. OF NEW YORK), RALPH DEROSE,
:
and DOMENICK DEROSE,
:
:
Defendants.
:

21-CV-2467 (AT) (OTW)
ORDER

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ONA T. WANG, United States Magistrate Judge:
This matter has been referred to me for Inquest following a default. By December 16,
2022, Plaintiffs shall file (1) proposed findings of fact and conclusions of law, and (2) an inquest
memorandum setting forth proof of damages. Plaintiffs’ proposed damages figures should be
supported by documentary evidence and/or one or more affidavits establishing the proposed
figures. Plaintiffs must also include documentation supporting the requested attorney’s fees
and costs. Plaintiffs must serve these documents on the defaulting Defendants, as defined in
ECF 52, and file a proof of service on the docket by December 16, 2022.
Defendants’ opposition papers (if any) shall be filed by January 13, 2023.
The Court hereby notifies the parties that it may conduct this inquest solely on the
written submissions of the parties. See Action S.A. v. Marc Rich & Co., Inc., 951 F.2d 504, 508
(2d Cir. 1991). If any party seeks an evidentiary hearing on damages, such party must include

Case 1:21-cv-02467-AT-OTW Document 54 Filed 11/17/22 Page 2 of 2

the request in its papers, as well as provide reasons why a hearing is necessary and detail what
types of additional evidence would be presented at the hearing.
Plaintiff shall serve a copy of this Order on the Defaulting Defendants and file proof of
service on the docket by November 30, 2022.
SO ORDERED.

s/ Ona T. Wang
Ona T. Wang
United States Magistrate Judge

Dated: November 17, 2022
New York, New York

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