ALLSTAR MARKETING GROUP, LLC v. ALI DROPSHIPPING SUPPORT STORE
- Paul Gardephe
- 1:21-cv-00333
- U.S. District Court · Southern District of New York
- 2
In Allstar Marketing Group v. Ali Dropshipping Support Store, Judge Netburn ordered written submissions for an inquest into the plaintiff’s damages.
The plaintiff, ALLSTAR MARKETING GROUP, LLC, must submit evidence supporting its claimed damages. The defendant, ALI DROPSHIPPING SUPPORT STORE, may respond, submit competing proposed findings, and request an evidentiary hearing. The order does not state the ultimate amount of damages.
What happened
In ALLSTAR MARKETING GROUP, LLC v. ALI DROPSHIPPING SUPPORT STORE, et al., the court began a process to examine the plaintiff’s claimed damages. Judge Paul G. Gardephe had referred the case to Magistrate Judge Sarah Netburn for that purpose.
The plaintiff must file proposed factual findings and legal conclusions about all claimed damages and other monetary relief within 30 days. The filing must be supported by affidavits and documents, and the plaintiff must mail copies to the defendant’s last known address. The defendant may respond within 30 days after service and may submit competing proposed findings supported by evidence.
Magistrate Judge Sarah Netburn ordered that the damages review may be conducted using written submissions alone. A party seeking a hearing must explain why written submissions are insufficient and identify the witnesses and evidence it would present. The order did not decide the amount of damages.
The detailed version
- ALLSTAR MARKETING GROUP, LLC v. ALI DROPSHIPPING SUPPORT STORE · No. 1:21-cv-00333
- Paul Gardephe
- Feb. 15, 2022
Background
On February 14, 2022, Judge Paul G. Gardephe referred the case to Magistrate Judge Sarah Netburn to conduct an inquest—a court process for examining claimed damages—and to prepare a report and recommendation concerning the plaintiff’s damages.
Required submissions
The order requires the plaintiff, within 30 days after the order is entered, to file proposed findings of fact and conclusions of law describing all claimed damages and any other monetary relief. The plaintiff must support the proposed factual findings with affidavits and other documentary evidence, and each proposed finding must identify the supporting evidence. The plaintiff must also mail a complete copy of the filing and the order to the defendant’s last known address.
The defendant may file a response within 30 days after service. The response must address each factual finding and legal conclusion asserted by the plaintiff. The defendant may also submit counter-findings and counter-conclusions, supported by affidavits or other documentary evidence, with citations to the evidence for each proposed factual finding.
Possible hearing and ruling
Judge Sarah Netburn notified the parties that the damages inquest may be conducted entirely on written submissions. A party seeking an evidentiary hearing must explain why the court should not rely solely on written submissions and must describe the witnesses and the nature of the evidence it would present. The order also requires courtesy copies of filed documents as specified in the magistrate judge’s individual practices. This order established the process for reviewing damages; it did not determine the amount of damages or award monetary relief.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.