136 Field Point Circle Holding Company, LLC v. Razinski
- Sarah Netburn
- 1:21-cv-11076
- U.S. District Court · Southern District of New York
- 2
In 136 Field Point Circle Holding Company v. Razinski, Judge Netburn set deadlines and procedures for an inquest into damages.
136 Field Point Circle Holding Company, LLC and the defendants, who must follow the filing, service, evidence, and response procedures for the damages inquest.
What happened
In 136 Field Point Circle Holding Company, LLC v. Razinski, Judge Margaret M. Garnett referred the case to Magistrate Judge Sarah Netburn to examine and make recommendations about the plaintiff’s damages.
The order requires the plaintiff to submit proposed factual findings, legal conclusions, evidence, and affidavits within 30 days. The defendants may respond and submit their own proposed findings within 30 days after receiving the plaintiff’s filing.
Judge Netburn ruled that the damages proceeding may be based only on written submissions unless a party explains why a hearing is needed and identifies the expected witnesses and evidence. The order sets procedures but does not determine the amount of damages.
The detailed version
- 136 Field Point Circle Holding Company, LLC v. Razinski · No. 1:21-cv-11076
- Sarah Netburn
- Mar. 18, 2025
Background
On March 17, 2025, Judge Margaret M. Garnett referred the case to Magistrate Judge Sarah Netburn for an inquest and a report and recommendation concerning the plaintiff’s damages. This order establishes the schedule and procedures for that damages inquest.
Required filings
The plaintiff must file proposed findings of fact and conclusions of law describing all claimed damages and any other requested monetary relief within 30 days after the order’s entry. The plaintiff must support the proposed factual findings with affidavits and other documentary evidence, and each proposed finding must identify the supporting evidence. The plaintiff must also mail a complete copy of the filing and the order to the defendants’ last known address and file proof of service.
The defendants may file a response within 30 days after service. They must respond to each proposed finding and conclusion submitted by the plaintiff. The defendants may also submit counter-findings and counter-conclusions, supported by affidavits or other documentary evidence and citations to the evidence.
Possible hearing
The court stated that it may conduct the damages inquest solely on the parties’ written submissions. A party seeking an evidentiary hearing must explain why written submissions alone are insufficient and describe the witnesses and evidence the party would present.
Ruling and effect
Judge Netburn entered a scheduling order governing the damages inquest. The order does not make a damages award or state the amount of damages.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.