Amaya v. Buildsmart LLC

Nature of the order

This amended scheduling order concerns a referred inquest, meaning a proceeding to determine damages, and a report and recommendation about those damages. The opinion does not make a final damages determination or resolve the underlying claims.

Rulings and deadlines

The court granted Plaintiffs’ requested extension. It ordered Plaintiffs to submit proposed findings of fact and conclusions of law concerning damages by April 19, 2022. Plaintiffs must support factual assertions with affidavits or other evidentiary material.

Defendants were permitted to respond by May 3, 2022. The order states that if Defendants failed to respond or failed to contact Judge Cave’s chambers by that date to request an in-court hearing, she intended to issue a report and recommendation concerning damages based on Plaintiffs’ written submissions alone, without an in-court hearing. The order cites Second Circuit authority stating that a hearing is not required if the court ensures there is a basis for the damages specified in a default judgment.

Service and filing instructions

Plaintiffs were directed to promptly serve the order on Defendants and file proof of service by April 19, 2022. The Clerk of Court was directed to close the docket entry for the extension request, ECF No. 48.

Disposition

Judge Sarah L. Cave granted the extension and entered the listed scheduling and service requirements. The opinion does not state the eventual damages award or otherwise describe a final ruling on the merits.