Mizquiri v. Neapolitan Express LLC
- Ona Wang
- 1:23-cv-09170
- U.S. District Court · Southern District of New York
- 2
In Mizquiri v. Neapolitan Express LLC, Judge Wang ordered plaintiffs to submit evidence supporting damages, attorney’s fees, and costs.
The plaintiffs and the defendants identified in the order as the Defaulting Defendants.
What happened
Mizquiri v. Neapolitan Express LLC concerns the steps for deciding how much money the plaintiffs may be entitled to receive from the defaulting defendants. The order does not describe the underlying claims or explain how the defendants defaulted.
The plaintiffs must file proposed factual and legal findings, a memorandum supporting their claimed damages, evidence or affidavits supporting the amounts, and documents supporting attorney’s fees and costs by May 25, 2025. They must also serve the materials on the defaulting defendants and file proof of service. Any opposition is due June 2, 2025.
Judge Ona T. Wang ordered that the damages proceeding may be decided using written submissions alone. A party seeking a hearing must request one in its papers and explain why it is needed and what additional evidence would be presented.
The detailed version
- Mizquiri v. Neapolitan Express LLC · No. 1:23-cv-09170
- Ona Wang
- Apr. 7, 2025
Purpose of the Order
The court set procedures and deadlines for an inquest—the process of determining damages and related amounts after defendants have defaulted. The opinion identifies the affected defendants as the “Defaulting Defendants,” but it does not explain the underlying claims or the circumstances of the defaults.
Required Filings
By May 25, 2025, the plaintiffs must file:
- proposed findings of fact and conclusions of law; - an inquest memorandum explaining and supporting their damages claim; - documentary evidence or one or more affidavits supporting the proposed damages figures; and - documentation supporting requested attorney’s fees and costs.
The plaintiffs must serve these documents on the Defaulting Defendants and file proof of service on the docket by the same date.
Opposition and Possible Hearing
Any opposition papers from the defendants must be filed by June 2, 2025. The court stated that it may conduct the damages inquest entirely through written submissions. A party seeking an evidentiary hearing must request one in its filing, explain why the hearing is necessary, and describe the additional evidence that would be presented.
Disposition
Judge Ona T. Wang entered an order setting these filing, service, and hearing-request requirements. The opinion does not state a damages amount or decide the plaintiffs’ entitlement to damages, attorney’s fees, or costs.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.