Sygall v. Pitsicalis
- Sarah Netburn
- 1:18-cv-02730-VSB-SN
- U.S. District Court · Southern District of New York
- 2
In Sygall v. Pitsicalis, Judge Netburn set procedures for an inquest into damages, requiring written submissions and allowing requests for a hearing.
David Sygall and the defendants, who must follow the specified procedures and deadlines for submitting evidence and responding to the proposed damages findings.
What happened
In Sygall v. Pitsicalis, the court set procedures for determining the damages David Sygall claims. The opinion states that Judge Vernon S. Broderick referred the case to Magistrate Judge Sarah Netburn to conduct the damages inquest and make a report and recommendation.
Sygall must submit proposed factual findings, legal conclusions, and supporting affidavits or documents within 30 days. The defendants may respond within 30 days after service, submit counter-findings, and support their positions with evidence.
Judge Netburn ordered that the inquest may be decided from written submissions alone. A party seeking an evidentiary hearing must explain why one is needed and identify the witnesses and evidence it would present.
The detailed version
- Sygall v. Pitsicalis · No. 1:18-cv-02730-VSB-SN
- Sarah Netburn
- Oct. 30, 2020
Background
On October 29, 2020, Judge Vernon S. Broderick referred the case to United States Magistrate Judge Sarah Netburn to conduct an inquest and report and recommend concerning Plaintiff’s damages. The opinion does not describe the underlying claims or state the amount of damages sought.
Order
The court ordered David Sygall to file proposed findings of fact and conclusions of law describing all claimed damages and other requested monetary relief within 30 days after the order’s entry. He must support the proposed factual findings with affidavits and other documentary evidence, and each proposed finding must cite the supporting evidence. He must also mail a complete copy of the filing and the order to the defendants’ last known address.
The defendants may file a response within 30 days after service. They must respond to each proposed finding and conclusion, and may submit counter-findings and counter-conclusions supported by affidavits or other documentary evidence. Each proposed factual finding must cite the supporting evidence.
The court stated that it may conduct the damages inquest based only on the parties’ 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 it would present. The order also required courtesy copies of filed documents as required by Judge Netburn’s individual practices.
Disposition
Judge Sarah Netburn entered an order governing the procedure for the damages inquest. The opinion does not state a damages award or otherwise resolve the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.