Woods v. Fitzcon Construction/Ren Corp.
- Andrew Carter
- 1:20-cv-08088
- U.S. District Court · Southern District of New York
- 3
In Woods v. Fitzcon Construction/Ren Corp., Judge Cave granted plaintiffs’ extension and set deadlines for damages submissions involving defaulting defendants.
Edward Woods and Tyrone Hilton; Esco Hirf Co. Inc. and Martin Tevlin, whom the order identifies as the defaulting defendants.
What happened
In Woods v. Fitzcon Construction/Ren Corp., the court granted the plaintiffs’ requested extension and ordered them to submit proposed findings about damages against Esco Hirf Co. Inc. and Martin Tevlin, identified as the defaulting defendants.
The plaintiffs must support their factual statements, requested attorneys’ fees, and costs with affidavits or other evidence by April 22, 2022. The defaulting defendants may respond by May 6, 2022, and may request an in-court hearing by that date.
If the defaulting defendants do not respond or request a hearing, the court said it intends to issue a report and recommendation about the motion and damages based only on the written submissions. Judge Sarah L. Cave also directed the plaintiffs to serve the order and proof of service and directed the Clerk to close the extension request.
The detailed version
- Woods v. Fitzcon Construction/Ren Corp. · No. 1:20-cv-08088
- Andrew Carter
- Apr. 19, 2022
Order
The court granted the plaintiffs’ requested extension, identified as ECF No. 66, and set a schedule concerning damages sought from Esco Hirf Co. Inc. and Martin Tevlin, whom the order calls the “Defaulting Defendants.”
Required submissions
The plaintiffs must submit proposed findings of fact and conclusions of law concerning damages by April 22, 2022. They must support factual assertions with affidavits or other evidence. Their requests for attorneys’ fees and costs must be recorded using the forms included in the order, with additional fields added if needed, and supported by evidence.
The Defaulting Defendants may submit a response by May 6, 2022. The order states that if they do not respond or contact Judge Cave’s chambers by that deadline to request an in-court hearing, she intends to issue a report and recommendation concerning the motion, including the requested damages, based only on the written submissions and without an in-court hearing.
Additional directions and disposition
The plaintiffs must serve the order on the Defaulting Defendants and file proof of service by April 22, 2022. The Clerk of Court was directed to close ECF No. 66. This order set procedures and deadlines; it did not decide the amount of damages or enter the report and recommendation described in the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.