Frederick v. Wally Health, Inc.
- Sarah Cave
- 1:23-cv-10363
- U.S. District Court · Southern District of New York
- 2
In Frederick v. Wally Health, Magistrate Judge Cave ordered service of the damages submission and gave defendants a deadline to respond before a possible written recommendation.
Shayna Frederick and the defendants in the case, including Wally Health, Inc.
What happened
In Frederick v. Wally Health, Inc., the court was reviewing damages after a default. It had ordered Shayna Frederick to submit proposed findings about damages, serve them on the defendants, and file proof of service.
Frederick filed the damages submission, but the court could not tell whether she had filed proof that she served it on the defendants. The court therefore ordered her to serve the order and the damages submissions by January 24, 2025, and to file proof of service.
Magistrate Judge Sarah L. Cave gave the defendants until February 4, 2025, to respond or request an in-court hearing. If they did neither, Judge Cave said she intended to issue a report and recommendation about damages based only on Frederick’s written submission, without a hearing.
The detailed version
- Frederick v. Wally Health, Inc. · No. 1:23-cv-10363
- Sarah Cave
- Jan. 21, 2025
Background
On November 13, 2024, Judge Jessica G.L. Clarke referred the matter to Magistrate Judge Sarah L. Cave for a post-default inquest concerning damages. On November 20, 2024, the court ordered Shayna Frederick to submit proposed findings of fact and legal conclusions about damages by December 20, 2024, serve the submission on the defendants, and file proof of service.
Frederick filed the damages submission, but the court stated that it did not appear she had filed proof that the submission had been served on the defendants.
Order
The court ordered Frederick, by January 24, 2025, to serve a copy of the order and the damages submissions on the defendants and file proof of service on the docket.
The court ordered the defendants to submit any response by February 4, 2025. It also stated that if the defendants did not respond or contact Judge Cave’s chambers by that date to request an in-court hearing, she intended to issue a report and recommendation concerning damages based solely on Frederick’s written submission, without an in-court hearing.
This order set deadlines and procedures for the damages inquest; it did not determine the amount of damages.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.