August Image, LLC v. Guest of Guest, Inc.
August Image, LLC v. Guest of Guest, Inc.
Trial Court Opinion
R. Terry Parker, Esq. Law Office of R. Terry Parker 43 West 43 Street, Ste. 275 New York, New York 10036-7424 Tel: (212) 859-5068 Email: [email protected] Application granted. Pursuant to the Court’s May 15, 2025 Order (Dkt. No. 30) the inquest hearing scheduled for July 23, July 17, 2025 2025 is hereby cancelled. Pursuant to this same Order, the Cou will issue a report and recommendation based solely upon the written submissions of the parties. (See id. at 2). VIA ECF Date: July 21, 2025 SO ORDERED: New York, NY Magistrate Judge Gary Stein Mea United States District Court Tey Southern District of New York HON GARY SEN □□□□ 500 Pearl Street UNITED STATES MAGISTRATE JUDGE New York, New York 10007
Re: August Image LLC v. Guest of a Guest, Inc. Case No.: 1:24-c-04099-JHR Dear Judge Stein: I represent the plaintiff in the above-referenced lawsuit. Pursuant to Your Honor’s Scheduling Order for Inquest, the above-referenced matter is scheduled for an inquest hearing on July 23, 2025 at 10:00 am regarding the proposed damages for the plaintiff's motion for a default judgment. I write to request that the in-person inquest into damages be adjourned and that the inquest into damages be based solely upon the written submissions, in light of the defendant’s continued failure to respond to the plaintiff's submissions. The plaintiff submits that this request is permitted by the precedent of this Court. 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 the default judgment.) (quoting Fustok v. ContiCommodity Services, Inc.,
873 F.2d 38, 40 (2d Cir. 1989)); see, e.g., Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC,
779 F.3d 182, 189(2d Cir. 2015). Respectfully submitted, /s/R. Terry Parker
cc: Guest of a Guest, Inc. via email ([email protected] and [email protected])
Reference
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