Bisnow LLC v. Lopez-Pierre

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BISNOW LLC, Plaintiff,

-v- CIVIL ACTION NO.: 20 Civ. 3441 (PAE) (SLC)

SCHEDULING ORDER THOMAS LOPEZ-PIERRE, Defendant.

SARAH L. CAVE, United States Magistrate Judge.

This matter having been referred to me to conduct an inquest and to report and recommend concerning plaintiff's damages and attorneys’ fees, it is hereby ORDERED that: 1. Plaintiff shall submit proposed findings of fact and conclusions of law concerning damages no later than Thursday, October 29, 2020.

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 my evidentiary material.

2. Defendant shall submit his response to plaintiff's submissions, if any, no later than Thursday, November 12, 2020. IF DEFENDANT (1) FAILS TO RESPOND TO PLAINTIFF'S SUBMISSIONS, OR (2) FAILS TO CONTACT MY CHAMBERS BY NOVEMBER 12, 2020 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 Defendant and file proof of service by no later than October 29, 2020.

Dated: New York, New York September 29, 2020 ACUIOUG M (SAgaH L. CAVE United States Magistrate Judge Requested Attorneys’ Fees Timekeeper Requested Rate Requested Hours Requested Total

TOTAL:

Requested Costs Type of Expense Evidence (with ECF cite) Amount Requested

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