Red Black Tree D.O.O. v. Hotel Credits, Inc., et al.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RED BLACK TREE D.O.O., Plaintiffs,

-v- CIVIL ACTION NO. 22 Civ. 7834 (JGK) (SLC)

ORDER HOTEL CREDITS, INC., et al., Defendants.

SARAH L. CAVE, United States Magistrate Judge.

Pursuant to the Honorable John G. Koeltl’s referral to the undersigned to conduct an inquest on damages (see Dkt. No. 143), it is hereby ORDERED that: 1. Plaintiff Red Black Tree D.O.O. (“Plaintiff”) has submitted a declaration and statement of damages in support of its proposed order to show cause for a default judgment against Defendant Hotel Credits, Inc. (“HCI”). (Dkt. Nos. 136–39 (the “Damages Submission”)).

2. HCI shall submit its response to Plaintiff’s Damages Submission, if any, no later than December 3, 2025. IF HCI (1) FAILS TO RESPOND TO PLAINTIFF’S DAMAGES SUBMISSION, OR (2) FAILS TO CONTACT MY CHAMBERS BY DECEMBER 3, 2025 AND REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION CONCERNING DAMAGES BASED ON PLAINTIFF'S DAMAGES 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 Servs. Inc., 873 F.2d 38, 40 (2d Cir. 1989))).

Plaintiff is directed to serve this Order on HCI and file proof of service on the docket by no later than November 26, 2025.

Dated: New York, New York November 19, 2025 SO ORDERED.

(sy AHL. te United States Magistrate Judge