Saadeh v. Kagan

Background

On January 29, 2021, Judge Paul A. Engelmayer referred the case to Magistrate Judge Sarah Netburn to conduct an inquiry into damages and prepare a report and recommendation concerning Rafic Saadeh’s damages claims against the Estate of Irving Kagan. The opinion does not describe the underlying claims, any liability determination, or the amount of damages sought.

Court’s Order

The court ordered Saadeh to file proposed findings of fact and conclusions of law concerning all claimed damages and other monetary relief against the Estate within 30 days after the order’s entry. He must support the proposed factual findings with affidavits and other documentary evidence and cite supporting evidence for each finding. He must also mail the filing and the order to Michael Kagan, identified as the Estate’s administrator, at the administrator’s last known address.

The Estate may file a response within 30 days after service. Its response must address each proposed finding and conclusion, and the Estate may submit counter-findings and counter-conclusions supported by affidavits or other documentary evidence.

Possible Written Inquest

The court notified the parties that it may conduct the damages inquiry based solely on their written submissions. A party seeking an evidentiary hearing must explain why written submissions alone would be insufficient and describe the witnesses and evidence it would present. The Clerk was directed to mail a copy of the order to the Estate through Michael Kagan.

Disposition and Effect

This order establishes the procedure and deadlines for determining the damages claimed against the Estate. It does not state the amount of damages, resolve the underlying claims, or announce a final damages award. Judge Sarah Netburn signed the order on February 2, 2021.