Zaragoza v. Pappas OG LLC
- Lorna Schofield
- 1:24-cv-08644
- U.S. District Court · Southern District of New York
- 2
Alcocer Zaragoza v. Pappas OG LLC: Judge Netburn sets procedures for deciding the plaintiff’s damages.
The plaintiff and Defendant Stratis Morfogen, who must follow the deadlines and submission requirements for the damages inquest; the order may also affect the other named defendants, although it does not impose specific duties on them in the text provided.
What happened
In Jose Ezdrain Alcocer Zaragoza v. Pappas OG LLC et al., the court began a process to determine the plaintiff’s damages after the case was referred for a damages inquest. The opinion does not state the underlying claims or decide liability.
The court ordered the plaintiff to submit proposed factual findings, legal conclusions, affidavits, and other documents within 30 days. The plaintiff must also mail the filings and order to Defendant Stratis Morfogen’s last known address and file proof of service.
Judge Netburn ordered Stratis Morfogen to respond within 30 days after service and said the damages process may be decided from written submissions alone. A party seeking a hearing must explain why one is needed and identify the expected witnesses and evidence.
The detailed version
- Zaragoza v. Pappas OG LLC · No. 1:24-cv-08644
- Lorna Schofield
- Nov. 10, 2025
Nature of the order
This is a scheduling order for a damages inquest. The opinion states that, on November 7, 2025, Judge Lorna G. Schofield referred the case to Magistrate Judge Sarah Netburn to conduct the inquest and make a report and recommendation concerning Plaintiff’s damages. The opinion does not describe the underlying claims, state whether liability was established, or decide the amount of damages.
Required submissions
The plaintiff must file proposed findings of fact and conclusions of law describing the claimed damages and any other requested monetary relief no later than 30 days after the order’s entry. The plaintiff must support each proposed factual finding with affidavits or other documentary evidence and cite the supporting evidence. The filing and exhibits must be submitted electronically under the specified filing category.
The plaintiff must also serve a complete copy of the filing and the order by mail to Defendant Stratis Morfogen’s last known address, then file a certificate of service with the court.
Response by Stratis Morfogen
Stratis Morfogen may respond no later than 30 days after service. His response must address each proposed finding of fact and conclusion of law. He may also submit counter-findings and counter-conclusions, supported by affidavits or other documentary evidence, with citations for each proposed factual finding.
Possible hearing
The court notified the parties that it may conduct the damages inquest based solely on written submissions. A party seeking an evidentiary hearing must explain why the inquest should not proceed on written submissions alone and describe the witnesses and evidence that would be presented. The order also requires courtesy copies of filings as required by Judge Netburn’s individual practices.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.