Day v. Slothower
- Paul Engelmayer
- 1:21-cv-01188
- U.S. District Court · Southern District of New York
- 2
In Day v. Slothower, Judge Netburn ordered written submissions to determine damages claimed from Battery Private, Inc.
Michael Day and Battery Private, Inc., the parties directed to submit and respond to evidence concerning damages.
What happened
Day v. Slothower concerns an inquest into damages involving Defendant Battery Private, Inc. Judge Paul A. Engelmayer had referred the matter to Magistrate Judge Sarah Netburn for that purpose.
The order requires Michael Day to submit proposed factual and legal findings about all claimed damages within 30 days, supported by affidavits and other documents. Battery Private, Inc. may respond within 30 days after receiving the filing and may submit its own proposed findings.
Judge Sarah Netburn ordered that the damages inquiry may be decided from written submissions alone. A party seeking a hearing must explain why one is needed and identify the witnesses and evidence it would present.
The detailed version
- Day v. Slothower · No. 1:21-cv-01188
- Paul Engelmayer
- Dec. 13, 2021
Background
On December 9, 2021, Judge Paul A. Engelmayer referred the case to Magistrate Judge Sarah Netburn to conduct an inquest—an inquiry by the court—and report and recommend findings concerning Plaintiff Michael Day's damages as to Defendant Battery Private, Inc.
Order
The court ordered Michael Day to file proposed findings of fact and conclusions of law within 30 days after entry of the order. The filing must describe all claimed damages and other monetary relief, and each proposed factual finding must cite supporting affidavits or documentary evidence. Day must also serve Battery Private, Inc. by mail with the filing and the order.
Battery Private, Inc. may file a response within 30 days after service. Its response must address each proposed finding and conclusion, and it may submit counter-findings and counter-conclusions supported by affidavits or other documents. Each proposed factual finding must cite the supporting evidence.
Possible Hearing and Disposition
Judge Sarah Netburn notified the parties that the inquest may be conducted solely on the parties' written submissions. A party requesting an evidentiary hearing on damages must explain why written submissions are insufficient and describe the witnesses and evidence it would present. The opinion is an order governing the damages-inquest process; it does not state a final damages amount or resolve the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.