Solis v. 53rd Street Partners, LLC
- Paul Gardephe
- 1:19-cv-11708-PGG-SLC
- U.S. District Court · Southern District of New York
- 4
In Solis v. 53rd Street Partners, Judge Cave set deadlines for proving damages and fees, without yet deciding an award.
The plaintiffs must provide evidence and calculations supporting requested damages, attorneys’ fees, and costs. The defendants may respond or request an in-court hearing, and the court may proceed on the written submissions alone if they do neither.
What happened
In Solis v. 53rd Street Partners, LLC, the court ordered an inquiry into the plaintiffs’ damages and attorneys’ fees and asked for a written recommendation.
The plaintiffs must submit proposed factual findings, legal conclusions, evidence, and completed charts by September 7, 2020. The defendants may respond by September 21, 2020 and may request an in-court hearing; otherwise, the court may rely only on the plaintiffs’ written submissions.
Judge Sarah L. Cave issued the order on August 7, 2020. The order set the process for determining damages and fees but did not award any amount.
The detailed version
- Solis v. 53rd Street Partners, LLC · No. 1:19-cv-11708-PGG-SLC
- Paul Gardephe
- Aug. 7, 2020
Background
The matter was referred to Magistrate Judge Sarah L. Cave to conduct an inquest—a process for determining the amount of damages and attorneys’ fees—and to prepare a report and recommendation on those amounts. The opinion does not state the amount of any damages or fees awarded.
Order
The court ordered the plaintiffs to submit proposed findings of fact and conclusions of law concerning damages and attorneys’ fees by September 7, 2020. The plaintiffs must support factual statements with affidavits or other evidence and complete summary charts for each plaintiff, attorney, and attorney employee for whom an award is sought. The charts must address requested fees, costs, and damages, including minimum-wage damages, overtime, liquidated damages, prejudgment interest, and statutory damages where applicable.
The defendants may respond by September 21, 2020. If they do not respond or do not contact the court by that date to request an in-court hearing, the court stated that it would prepare its report and recommendation based only on the plaintiffs’ written submissions, without an in-court hearing. The plaintiffs were also directed to mail the order to the defendants and file proof of service by August 14, 2020.
Disposition
Judge Cave’s order established deadlines and procedures for the damages and attorneys’ fees inquest. It did not itself decide the amount of damages or attorneys’ fees and did not issue a final award.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.