Wine v. Sherry-Lehmann
Wine, Liquor & Distillery Workers Union, UFCW Local 1-D Pension Fund v. Sherry-Lehmann, Inc.
- Lorna Schofield
- 1:24-cv-04945
- U.S. District Court · Southern District of New York
- 2
In Wine, Liquor & Distillery Workers Union v. Sherry-Lehmann, Judge Netburn set procedures for an inquest to determine the plaintiff’s damages.
The plaintiff must submit and serve materials supporting its claimed damages. The defendant may respond and submit counter-findings. The court will use these submissions, unless a hearing is requested and justified, to conduct the damages inquest.
What happened
Wine, Liquor & Distillery Workers Union v. Sherry-Lehmann is a scheduling order about an inquest into the plaintiff’s damages. The order does not decide the amount of damages.
The plaintiff must file proposed findings explaining all claimed damages and other monetary relief within 30 days. Those findings must be supported by affidavits and documents, and the plaintiff must mail them and the order to the defendant’s last known address. The defendant may respond within 30 days after being served.
Judge Sarah Netburn ordered that the damages inquest may be decided from written submissions alone. A party seeking a hearing must explain why one is needed and identify the witnesses and evidence it would present.
The detailed version
- Wine v. Sherry-Lehmann · No. 1:24-cv-04945
- Lorna Schofield
- Oct. 11, 2024
Background
On October 10, 2024, Judge Lorna G. Schofield referred the case to Magistrate Judge Sarah Netburn to conduct an inquest and make a report and recommendation concerning the plaintiff’s damages. This order establishes the procedures and deadlines for that process.
Required filings
Within 30 days after entry of the order, the plaintiff must file proposed findings of fact and conclusions of law describing all claimed damages and any other requested monetary relief. The plaintiff must support the proposed factual findings with affidavits and other documentary evidence, citing the supporting evidence for each proposed finding.
The plaintiff must also serve a complete copy of the filing and the order by mail at the defendant’s last known address, then file a certificate of service with the court. The defendant may file a response within 30 days after service. The defendant must respond to each proposed finding and conclusion and may submit its own counter-findings, supported by affidavits or other documentary evidence with citations to the evidence.
Possible hearing and disposition
The order states that the court may conduct the damages inquest based only on the parties’ written submissions. A party seeking an evidentiary hearing must explain why written submissions are insufficient and describe the witnesses and the nature of the evidence it would present. The order also requires courtesy copies of filings as provided by Judge Netburn’s individual practices.
Disposition
Judge Sarah Netburn entered a scheduling order for the damages inquest. The opinion does not state the amount of damages or resolve the underlying dispute.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.