D'Arrigo Bros. Co. of New York, Inc. v. James Corrado, Inc.
- John Koeltl
- 1:24-cv-03319
- U.S. District Court · Southern District of New York
- 3
In D’Arrigo Bros. v. James Corrado, Judge Cave set deadlines for responses before deciding damages and attorneys’ fees.
D’Arrigo Bros. Co. of New York, Inc. must serve the order and its submissions and file proof of service. James Corrado, Inc. and the other defendants must respond or request an in-court hearing by August 30, 2024.
What happened
D’Arrigo Bros. Co. of New York, Inc. v. James Corrado, Inc. concerns an inquest into the plaintiff’s claimed damages and attorneys’ fees. The plaintiff submitted declarations and a legal memorandum about liability, damages, and fees and served them on the defendants.
The order gives the defendants until August 30, 2024, to respond or request an in-court hearing. If they do neither, the court intends to prepare a damages recommendation using only the plaintiff’s written submissions and without a hearing. The plaintiff must serve the order and its submissions by August 16, 2024, and file proof of service.
United States Magistrate Judge Sarah L. Cave issued the order on August 9, 2024. The order sets procedures and deadlines; it does not itself state a final damages or attorneys’ fees award.
The detailed version
- D'Arrigo Bros. Co. of New York, Inc. v. James Corrado, Inc. · No. 1:24-cv-03319
- John Koeltl
- Aug. 9, 2024
Background
The matter was referred to Magistrate Judge Sarah L. Cave to conduct an inquest—a proceeding to examine the amount of damages—and to prepare a report and recommendation concerning the plaintiff’s damages and attorneys’ fees. D’Arrigo Bros. submitted declarations and a memorandum addressing liability, damages, and accrued attorneys’ fees. The plaintiff served those materials on the defendants.
Order
The defendants were ordered to submit any response to the plaintiff’s liability and damages materials by Friday, August 30, 2024. The order also states that, if the defendants failed to respond or failed to contact the judge’s chambers by that date to request an in-court hearing, Judge Cave intended to issue a report and recommendation concerning damages based only on the plaintiff’s written submissions and without an in-court hearing.
The plaintiff was directed to serve the order and its liability and damages submissions on the defendants by Friday, August 16, 2024, and to file proof of service on the docket.
Disposition
Judge Cave set response, hearing-request, service, and proof-of-service deadlines. The opinion does not itself issue a final damages award, attorneys’ fees award, or report and recommendation.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.