NY Daily Newswire, LLC. v. On Location Tours, Inc.
NY Daily Newswire, LLC. v. On Location Tours, Inc.
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NY DAILY NEWSWIRE, LLC.,
Plaintiff,
-v- CIVIL ACTION NO. 25 Civ. 2815 (DEH) (SLC)
SCHEDULING ORDER ON LOCATION TOURS, INC.,
Defendant.
SARAH L. CAVE, United States Magistrate Judge. Pursuant to the Honorable Dale E. Ho’s referral to the undersigned to conduct an inquest on damages (Dkt. No. 29), it is hereby ORDERED that: 1. Plaintiff has submitted a memorandum of law, statement of damages, and two declarations with accompanying exhibits in support of its motion for default judgment. (Dkt. Nos. 21–24 (the “Damages Submission”)). 2. Defendant shall submit its response to Plaintiff’s Damages Submission, if any, no later than Thursday, November 6, 2025. IF DEFENDANT (1) FAILS TO RESPOND TO PLAINTIFF’S DAMAGES SUBMISSION, OR (2) FAILS TO CONTACT MY CHAMBERS BY NOVEMBER 6, 2025 AND REQUEST AN IN-COURT HEARING, WE 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 on the docket by Monday, October 27, 2025.
Dated: New York, New York October 23, 2025 SO ORDERED. 2 AHL. Me United States Magistrate Judge
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Reference
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