R&G Enterprises, Inc. v. Choi
- Paul Engelmayer
- 1:19-cv-11699
- U.S. District Court · Southern District of New York
- 2
In R&G Enterprises v. Choi, Judge Engelmayer referred damages issues to Magistrate Judge Netburn, who set procedures for the default-judgment motion.
R&G Enterprises, Inc. and the defendants, including Soo Jeong Choi, because the order set the response deadline and procedures for deciding the plaintiff’s default-judgment motion and claimed damages.
What happened
R&G Enterprises, Inc. v. Choi concerns the plaintiff’s request for a judgment because the defendants did not respond. Judge Paul A. Engelmayer referred the case to Magistrate Judge Sarah Netburn to examine the plaintiff’s claimed damages and make a recommendation.
The plaintiff submitted its default-judgment motion and supporting affidavits and stated that the defendants had been served. Magistrate Judge Netburn ordered the defendants to file any opposition within 30 days and said the motion would then be ready for decision if they did not respond.
Magistrate Judge Sarah Netburn also said the damages examination could be based only on written submissions unless a party explained why a hearing was needed, identified proposed witnesses, and described their evidence. Judge Paul A. Engelmayer’s referral and the damages process therefore remained pending; the order did not decide the motion.
The detailed version
- R&G Enterprises, Inc. v. Choi · No. 1:19-cv-11699
- Paul Engelmayer
- Nov. 19, 2020
Background
The caption identifies R&G Enterprises, Inc. as the plaintiff and Soo Jeong Choi and other defendants. On November 17, 2020, Judge Paul A. Engelmayer referred the case to Magistrate Judge Sarah Netburn for a damages inquest—that is, an examination of the amount of damages—and a report and recommendation concerning those damages.
The plaintiff filed a motion for entry of default judgment, along with affidavits from Michael J. Forino and Bruce Laxer. The plaintiff also stated that the defendants who were in default had been served with the motion.
Order
Magistrate Judge Netburn ordered the defendants to file any opposition within 30 days from the date of the order. If no opposition was filed, the motion would be fully briefed and ready for judicial resolution.
The court notified the parties that it might conduct the damages inquest based only on written submissions. A party seeking an evidentiary hearing had to explain why written submissions alone would not be appropriate and describe the witnesses and evidence it would present. The plaintiff was directed to mail the order to the defendants’ last known address and file proof of service.
Disposition and significance
The order set deadlines and procedures for the pending default-judgment and damages proceedings. It did not grant or deny the motion and did not determine the amount of damages. The order was issued by Magistrate Judge Sarah Netburn after referral by Judge Paul A. Engelmayer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.