Certified Interiors, Inc. v. Caldwell & Walsh Building Construction Inc.
- Sarah Netburn
- 1:24-cv-04298
- U.S. District Court · Southern District of New York
- 2
Certified Interiors v. Caldwell & Walsh: Judge Netburn ordered written submissions for a damages inquest after one defendant was dismissed.
Certified Interiors, Inc., Caldwell & Walsh Building Construction Inc., and Michael Ferrone are affected by the damages-inquest procedures and filing deadlines. Frank Morace had already been dismissed from the case.
What happened
In Certified Interiors, Inc. v. Caldwell & Walsh Building Construction Inc., the court lifted a stay on determining damages after Defendant Frank Morace was dismissed from the case.
The plaintiff must submit proposed findings explaining all claimed damages and other monetary relief, supported by affidavits and documents, within 30 days. The remaining defendants may respond within 30 days after being served and may submit their own proposed findings.
Judge Sarah Netburn said the damages inquest may be decided from written submissions alone. Any party seeking a hearing must explain why one is needed and identify the witnesses and evidence it would present.
The detailed version
- Certified Interiors, Inc. v. Caldwell & Walsh Building Construction Inc. · No. 1:24-cv-04298
- Sarah Netburn
- Aug. 11, 2025
Background
Certified Interiors, Inc. brought the case on behalf of itself and others who may be beneficiaries of a trust created under Article 3-A of the New York Lien Law. The defendants are Caldwell & Walsh Building Construction Inc., Michael Ferrone, and Frank Morace. On April 25, 2025, Judge Dale E. Ho referred the case to Magistrate Judge Sarah Netburn to conduct a damages inquest and make a report and recommendation about the plaintiff’s damages. The court had stayed the inquest as to Caldwell & Walsh and Ferrone while the claims against Morace were resolved. Morace was later dismissed from the case.
Order
The court lifted the stay and set procedures for the damages inquest:
- Within 30 days after the order was entered, the plaintiff must file proposed findings of fact and conclusions of law describing all claimed damages and any other monetary relief. The filing must include supporting affidavits and documentary evidence, and each proposed factual finding must identify the evidence supporting it. - The plaintiff must serve the defendants by mail at their last known address and file a certificate of service. - The defendants may respond within 30 days after service. They must respond to each proposed finding and conclusion and may submit counter-findings and counter-conclusions, supported by affidavits or other documents. - 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 evidence it would present. - The parties must provide courtesy copies as required by Judge Netburn’s individual practices.
Effect of the Order
This scheduling order establishes how the court will evaluate the plaintiff’s claimed damages. It does not determine the amount of damages, resolve the merits of the underlying claims, or state whether any party is entitled to monetary relief. The opinion does not state a final damages award.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.