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S.D.N.Y.Procedural orderFiled June 30, 2022

Haydel v. Exponential Wealth Inc.

Judge
John Koeltl
Docket
1:21-cv-10604
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureEvidence
In one sentence

In Haydel v. Exponential Wealth, Judge Cave scheduled written submissions for an inquest into Haydel’s damages.

Who this affects

Scott Haydel and the four defendants—Exponential Wealth Inc., Ryan Michael Murnane, Krystalynne Murnane, and Christopher Paul—are affected by the submission, response, hearing-request, and service deadlines.

What happened

In Haydel v. Exponential Wealth Inc., the matter was referred for an inquest and a report and recommendation concerning Scott Haydel’s damages.

The order requires Haydel to submit proposed factual findings, legal conclusions, and supporting evidence by August 1, 2022. The defendants may respond by August 22, 2022, but must contact chambers by August 15, 2022, to request an in-court hearing if they want one. Haydel must also serve the order on the defendants and file proof of service by August 1, 2022.

Magistrate Judge Sarah L. Cave ordered that, if the defendants do not respond or request a hearing, she intends to recommend damages based only on Haydel’s written submissions, without an in-court hearing. The order does not determine the amount of damages.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Haydel v. Exponential Wealth Inc. · No. 1:21-cv-10604
Judge
John Koeltl
Date
June 30, 2022

Background

Scott Haydel is the plaintiff, and Exponential Wealth Inc., Ryan Michael Murnane, Krystalynne Murnane, and Christopher Paul are the defendants. The matter was referred to United States Magistrate Judge Sarah L. Cave to conduct an inquest—a proceeding to determine damages—and to prepare a report and recommendation about those damages.

Order

The court ordered Haydel to submit proposed findings of fact and conclusions of law concerning damages by August 1, 2022. Haydel must support factual assertions with affidavits or other evidence. Any requested costs must be listed in the form provided in the order, with supporting evidence and additional fields if needed.

The defendants may submit a response by August 22, 2022. The order states that if the defendants fail to respond or fail to contact Judge Cave’s chambers by August 15, 2022, to request an in-court hearing, she intends to issue a report and recommendation about damages based only on Haydel’s written submissions and without an in-court hearing. Haydel must serve the order on the defendants and file proof of service by August 1, 2022.

Disposition and Effect

This is a scheduling order concerning the damages inquest. It does not set a damages amount or decide the underlying claims. Judge Sarah L. Cave entered the scheduling requirements and stated what she intends to do if the defendants do not respond or request a hearing.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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