Asesoral Business Partners, LLC v. Seatech Worldwide Corporation

Background

On March 11, 2021, the matter was referred to Sarah L. Cave to conduct an inquest and prepare a report and recommendation concerning Asesoral Business Partners, LLC’s damages and attorneys’ fees. An inquest is a proceeding used to determine the amount of damages or other relief. On March 12, 2021, the court directed the plaintiff to submit proposed findings of fact and legal conclusions concerning damages, serve that order on the defendants, and file proof of service. The court later extended the filing deadline.

On June 4, 2021, after an order requiring the plaintiff to explain why it should not face consequences for failing to comply, the plaintiff filed proposed findings of fact and conclusions of law concerning damages. The opinion states that the plaintiff had not filed proof that it served any of the court’s orders on the defendants.

Order

The court directed the plaintiff to serve the June 7 order on the defendants and file proof of service by June 11, 2021. The defendants were directed to submit any response to the plaintiff’s filings by June 25, 2021. They could also contact Judge Cave’s chambers by that date to request an in-court hearing.

Judge Cave stated that if the defendants failed to respond or failed to contact chambers and request a hearing by June 25, she intended to issue a report and recommendation concerning damages based solely on the plaintiff’s written submissions, without an in-court hearing. The opinion does not state a final damages amount or issue the report and recommendation itself.