Baldwin v. Blackground-Interscope Records, LLC
- Sarah Netburn
- 1:19-cv-08923-JGK-SN
- U.S. District Court · Southern District of New York
- 2
In Baldwin v. Blackground-Interscope Records, Judge Netburn ordered written submissions for an inquest into Baldwin’s damages.
Kevin Baldwin and Blackground-Interscope Records LLC, the parties required to submit and respond to materials concerning the damages inquest.
What happened
In Baldwin v. Blackground-Interscope Records LLC, the court set procedures for deciding the plaintiff’s claimed damages. The opinion does not describe the underlying claims or liability ruling.
The plaintiff must file proposed factual findings and legal conclusions about all claimed damages and other monetary relief within 30 days after the order. He must support each factual finding with affidavits or other documents, cite the supporting evidence, and mail the filing and order to the defendant’s last known address. The defendant may respond within 30 days after being served and may submit its own proposed findings.
Judge Sarah Netburn stated that the damages inquest may be decided solely from the parties’ written submissions. A party seeking a hearing must explain why written submissions are insufficient and identify the witnesses and evidence it would present.
The detailed version
- Baldwin v. Blackground-Interscope Records, LLC · No. 1:19-cv-08923-JGK-SN
- Sarah Netburn
- Mar. 21, 2022
Background
On March 18, 2022, Judge John G. Koeltl referred the case to Magistrate Judge Sarah Netburn to conduct an inquest and prepare a report and recommendation concerning the plaintiff’s damages. The opinion does not state the underlying claims, the basis for liability, or any damages amount.
Order
The court ordered the plaintiff to file proposed findings of fact and conclusions of law describing all claimed damages and any other monetary relief no later than 30 days after entry of the order. The plaintiff must support the proposed factual findings with affidavits and other documentary evidence, and each proposed finding must cite the supporting evidence. He 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 proposed finding and conclusion asserted by the plaintiff. The defendant may also submit counter-findings and counter-conclusions, supported by affidavits or other documentary evidence with citations for each proposed factual finding.
Possible Hearing
The court notified the parties that it may conduct the damages inquest based solely on written submissions. A party seeking an evidentiary hearing must explain why the inquest should not proceed on written submissions alone and must describe the witnesses it would call and the nature of the evidence they would provide. The order also requires courtesy copies of filed documents as provided by Judge Netburn’s individual practices.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.