Gao v. Umi Sushi, Inc.
- Andrew Carter
- 1:18-cv-06439
- U.S. District Court · Southern District of New York
- 2
In Gao v. Umi Sushi, Judge Netburn ordered written submissions on the plaintiffs’ damages and allowed requests for a hearing.
The plaintiffs and defendants in the case, because the order sets deadlines and evidentiary requirements for the damages inquest.
What happened
In Gao v. Umi Sushi, the case was referred to Magistrate Judge Sarah Netburn to conduct an inquiry into the plaintiffs’ damages and make recommendations about the amount owed. The opinion does not describe the underlying claims or any earlier ruling establishing liability.
The plaintiffs must file proposed factual findings and legal conclusions about their claimed damages within 30 days, supported by affidavits and other documents. The defendants may respond within 30 days after service, submit their own proposed findings, and support them with evidence. The court may decide the damages inquiry using written submissions alone, but a party seeking a hearing must explain why one is needed and identify the witnesses and evidence it would present.
Judge Sarah Netburn issued the order on June 17, 2022. The order sets procedures for the damages inquiry; it does not state the amount of damages or enter a final damages award.
The detailed version
- Gao v. Umi Sushi, Inc. · No. 1:18-cv-06439
- Andrew Carter
- June 17, 2022
Background
On June 17, 2022, the Honorable Andrew L. Carter, Jr. referred the case to Magistrate Judge Sarah Netburn to conduct an inquest—a court process for determining damages—and to report and recommend concerning the plaintiffs’ damages. The opinion does not describe the underlying claims, any liability determination, or the amount of damages sought.
Required Submissions
The plaintiffs must file proposed findings of fact and conclusions of law describing all claimed damages and any other monetary relief within 30 days after the order is entered. They must support the filing with affidavits and other documentary evidence and cite supporting evidence for each proposed factual finding. The plaintiffs must also serve a complete copy of the filing and the order by mail to the defendant’s last known address.
The defendants may file a response within 30 days after service. They must respond to each finding of fact and conclusion of law asserted by the plaintiffs. The defendants may also submit counter-findings and counter-conclusions, supported by affidavits or other documentary evidence, with citations for each proposed factual finding.
Court’s Order
Judge Netburn notified the parties that the damages inquest may be conducted solely through written submissions. A party seeking an evidentiary hearing must explain why written submissions are insufficient and describe the witnesses and evidence it would present. The order sets the procedure for determining damages but does not determine the damages amount or enter a damages award.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.