Bisnow LLC v. Lopez-Pierre

Background

The matter was referred to United States Magistrate Judge Sarah L. Cave to conduct an inquest—a proceeding to gather information and make findings—and to report and recommend concerning Bisnow LLC’s damages and attorneys’ fees. The order does not state the amount of damages or fees sought, or make a final award.

Order

The court ordered Bisnow LLC to submit proposed findings of fact and conclusions of law concerning damages by October 29, 2020. The submission had to support factual assertions with affidavits or other evidence. Bisnow’s request for attorneys’ fees and costs also had to be presented in the provided format, with evidentiary support.

Thomas Lopez-Pierre was allowed to respond by November 12, 2020. The order stated that if he did not respond or contact Judge Cave’s chambers by that date to request an in-court hearing, Judge Cave intended to issue a report and recommendation concerning damages based only on Bisnow’s written submissions, without an in-court hearing.

Bisnow was also directed to serve the order on Lopez-Pierre and file proof of service by October 29, 2020.

Disposition and Effect

This is a scheduling order governing the damages-and-fees process. It did not decide the amount of damages, attorneys’ fees, or costs. Judge Cave issued deadlines and described the possible procedure if Lopez-Pierre did not respond or request a hearing.