Vasquez v. Nuevo Tulcingo Azteca Corp.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SOFIA VASQUEZ, HERMENEGILDO CANDIA, and MAIRA NARANJO, Plaintiffs, CIVIL ACTION NO. 23 Civ. 355 (PGG) (SLC) -v- ORDER NUEVO TULCINGO AZTECA CORP. d/b/a NUEVO AZTECA, GILBERTO MOLINA, and ANGEL MOLINA, Defendants.

SARAH L. CAVE, United States Magistrate Judge.

The Honorable Paul G. Gardephe has referred to me for Report & Recommendation (ECF No. 33) Plaintiffs’ motion for default judgment (ECF No. 24–25 (the “Motion”)). By February 26, 2024, to support Plaintiffs’ request for attorneys’ fees (ECF No. 24 ¶¶ 41–45), Plaintiffs’ counsel shall file contemporaneous billing records. By March 1, 2024, Plaintiff shall serve on Defendants its billing records; the documents filed at ECF Nos. 20–25, 27–30, and 32– 33; and this Order, and file proof of service on the docket.

Defendants shall file their response to the Motion, if any, by March 15, 2024. If Defendants (1) fail to respond to the Motion, or (2) fail to contact my Chambers by the date their response to the Motion is due, I intend to issue a Report & Recommendation concerning the Motion and Plaintiffs’ damages based on Plaintiffs’ written submissions alone, without an in-court hearing. See Trans. Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (“‘it [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 the default judgment’”) (quoting Fustok v. ContiCommodity Servs., Inc., 873 F.2d 38, 40 (2d Cir. 1989)).

Dated: New York, New York February 21, 2024 SO ORDERED. a HL. Ue nited States Magistrate Judge