Yague v. Visionaire Publishing LLC
- Stewart Aaron
- 1:19-cv-11717
- U.S. District Court · Southern District of New York
- 2
In Yague v. Visionaire, Judge Aaron set deadlines for written submissions on damages and noted a possible evidence hearing.
Carlos Munoz Yague and Visionaire Publishing LLC, because the order sets their deadlines and explains the requirements for requesting a damages hearing.
What happened
Yague v. Visionaire Publishing LLC concerns a court conference about an upcoming examination of damages. Only Carlos Munoz Yague appeared at the telephone conference described in the order.
The court ordered Yague to serve and file his legal memorandum, supporting affidavits or declarations, and proof of service by March 10, 2022. Visionaire Publishing LLC must file any opposition by March 31, 2022.
Judge Stewart D. Aaron stated that the damages examination may be based only on written submissions. Any party seeking an evidence hearing must explain why written submissions would not be enough and identify the witnesses and evidence it would present.
The detailed version
- Yague v. Visionaire Publishing LLC · No. 1:19-cv-11717
- Stewart Aaron
- Feb. 17, 2022
Background
After a telephone conference at which only Plaintiff Carlos Munoz Yague appeared, the court issued an order concerning an inquest. An inquest is a court process for examining an issue—here, damages—through submissions and, potentially, an evidentiary hearing. The order does not state the underlying claims or explain the basis for the inquest.
Deadlines and submissions
The court ordered Yague to serve Visionaire Publishing LLC, and file on the electronic docket, his inquest memorandum of law, any supporting affidavits or declarations, and proof of service by March 10, 2022. The court ordered Defendant Visionaire Publishing LLC to file any opposition by March 31, 2022.
Written submissions and possible hearing
The court notified the parties that it may conduct the inquest solely on the parties’ written submissions. A party seeking an evidentiary hearing on damages must explain in its submission why the inquest should not be conducted on written submissions alone. That explanation must include the witnesses the party would call and the nature of the evidence those witnesses would present.
Disposition
The court entered the listed deadlines and instructions. It did not state a final ruling on the amount of damages or on the underlying claims. Judge Stewart D. Aaron signed the order on February 17, 2022.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.