Angulo v. 36th Street Hospitality LLC

Background

The matter was referred to Magistrate Judge Sarah L. Cave to conduct an inquest—a proceeding to determine damages—and to prepare a report and recommendation concerning the plaintiff’s damages and attorney’s fee. The opinion does not state the underlying claims or explain any earlier ruling concerning liability.

Order

The court ordered the plaintiff to submit proposed findings of fact and conclusions of law concerning damages by March 5, 2020. The court required the plaintiff to support all factual assertions with an affidavit or other material having evidentiary weight.

The defendants could submit a response by March 19, 2020. The court stated that if the defendants failed to respond or failed to contact chambers by that date to request an in-court hearing, it intended to issue a report and recommendation concerning damages based solely on the plaintiff’s written submissions, without an in-court hearing.

Disposition and effect

The order set deadlines and described the possible procedure for determining damages. It did not award or determine damages, decide attorney’s fees, or state a final amount owed. The cited authority explains that a damages hearing is not always required if the court ensures there is a basis for the damages specified in a judgment entered after a party’s failure to appear, but this order itself does not state that such a judgment was entered.

Classification

This is a procedural order because it addressed the process for an ancillary damages and fee inquest rather than deciding the underlying legal claims.