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S.D.N.Y.Procedural orderFiled Feb. 27, 2020

Green v. Akonik Label Group LLC

Judge
Paul Gardephe
Docket
1:19-cv-07492
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Green v. Akonik Label Group LLC, Judge Wang ordered a damages submission and opposition after Akonik’s default.

Who this affects

Justin Green must submit materials supporting damages and any fee request by March 13, 2020; Akonik Label Group LLC may file opposition papers by April 10, 2020.

What happened

Green v. Akonik Label Group LLC was referred to the court to determine damages after Akonik Label Group LLC defaulted. The opinion does not state the underlying legal claims or the amount of damages sought.

Justin Green must serve Akonik and file proposed factual findings, legal conclusions, an inquest memorandum explaining the damages, supporting documents or affidavits, and any documentation for attorney’s fees and costs by March 13, 2020. He must also serve the order and file proof of service. Akonik’s opposition papers are due April 10, 2020.

Magistrate Judge Ona T. Wang ordered the submissions and explained that the damages proceeding may occur entirely in writing. A party requesting an evidentiary hearing must explain why it is needed and identify the additional evidence to be presented.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Green v. Akonik Label Group LLC · No. 1:19-cv-07492
Judge
Paul Gardephe
Date
Feb. 27, 2020

Background

The matter was referred to Magistrate Judge Ona T. Wang for an inquest after Defendant Akonik Label Group LLC defaulted. An inquest is a proceeding to determine damages or other relief after a default. The opinion does not identify Plaintiff Justin Green’s underlying claims or state the damages he seeks.

Required submissions

By March 13, 2020, Green must serve Akonik and file:

- proposed findings of fact and conclusions of law; - an inquest memorandum providing proof of damages; - documentary evidence or one or more affidavits from a person with personal knowledge supporting the proposed damages; and - documentation supporting any request for attorney’s fees and costs.

The proposed findings and conclusions must explain how the proposed damages relate to the legal claims and how the court has jurisdiction over the matter and the defendants. Green must also serve Akonik with a copy of the order and file proof of service on the docket.

Akonik’s opposition papers are due April 10, 2020.

Hearing and disposition

The court notified the parties that it may conduct the damages inquest solely through written submissions. Any party seeking an evidentiary hearing must request one in its papers, explain why a hearing is necessary, and describe the additional evidence that would be presented.

Judge Ona T. Wang entered this order on February 27, 2020. The order sets procedures and deadlines for determining damages; it does not state an amount of damages or enter a damages award.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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