High Hope Zhongtian Corporation v. Peking Linen Inc.

Background

On January 10, 2023, Judge Vernon S. Broderick referred the case to Magistrate Judge Sarah Netburn to conduct an inquest—a court process for determining damages—and to issue a report and recommendation concerning Plaintiff’s damages. The opinion does not describe the underlying claims, establish liability, or state the amount of damages sought.

Order

The court ordered High Hope Zhongtian Corporation to file proposed findings of fact and conclusions of law describing all claimed damages and other monetary relief within 30 days after entry of the order. The filing must be supported by affidavits and other documentary evidence, and each proposed factual finding must cite the supporting evidence. The plaintiff must also mail a complete copy of its filing and the order to Peking Linen Inc.’s last known address and file a certificate of service.

Peking Linen may file a response within 30 days after service. Its response must address each proposed finding and legal conclusion asserted by the plaintiff. Peking Linen may also submit counter-findings and counter-conclusions, supported by affidavits or other documentary evidence with citations for each proposed factual finding.

Damages Inquest Procedure

Magistrate Judge Sarah Netburn notified the parties that the inquest may be conducted entirely on 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 also requires courtesy copies of filed documents as provided by the judge’s individual practices.

Disposition and Effect

The court issued directions for the damages inquest; it did not decide the amount of damages in this opinion. The order requires action from High Hope Zhongtian and permits Peking Linen to respond or submit counter-findings.