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S.D.N.Y.Procedural orderFiled Oct. 31, 2023

De Jesus v. Carnegie Valet Cleaning Corp.

Judge
Paul Engelmayer
Docket
1:23-cv-04783
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureFee Petition
In one sentence

In De Jesus v. Gotham Cleaners, Judge Cave ordered submissions on damages, attorney fees, and costs after a referral for an inquest.

Who this affects

Jorge De Jesus must submit evidence and proposed findings and serve the order. Gotham Cleaners, Inc. d/b/a Gotham Cleaners and Cory Perlson may respond or request an in-court hearing by December 14, 2023.

What happened

In De Jesus v. Gotham Cleaners, Inc. d/b/a Gotham Cleaners and Cory Perlson, the court addressed the next steps for determining Jorge De Jesus’s damages, attorney fees, and costs. The matter had been referred for an inquest and a recommendation on those amounts.

The court ordered De Jesus to submit proposed factual findings and legal conclusions about damages, supported by affidavits or other evidence, by November 30, 2023. His requested fees and costs also had to be documented and supported. Defendants could respond by December 14, 2023, and could request an in-court hearing by that date.

Judge Sarah L. Cave ordered De Jesus to serve the order on defendants and file proof of service by November 30, 2023. The order stated that, if defendants did not respond or request a hearing, she intended to recommend damages based only on De Jesus’s written submissions, without an in-court hearing.

The detailed version

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

Case
De Jesus v. Carnegie Valet Cleaning Corp. · No. 1:23-cv-04783
Judge
Paul Engelmayer
Date
Oct. 31, 2023

Nature of the Order

The matter was referred to Magistrate Judge Sarah L. Cave to conduct an inquest—a proceeding to determine the amount of damages—and to prepare a report and recommendation concerning Jorge De Jesus’s damages, attorney fees, and costs. The order does not address the underlying liability claims or state the amount of any damages, fees, or costs.

Required Submissions

The order directed De Jesus to submit proposed findings of fact and conclusions of law concerning damages by November 30, 2023. It required him to support factual assertions with affidavits or other evidence. His requested attorney fees and costs had to be recorded using the forms included in the order, with additional fields added if necessary, and supported by evidence.

Defendants could submit a response by December 14, 2023. The order also allowed defendants to contact Judge Cave’s chambers by that date to request an in-court hearing. It stated that, if defendants did not respond or request a hearing, Judge Cave intended to issue a report and recommendation concerning damages based only on De Jesus’s written submissions and without an in-court hearing.

Service Requirement and Disposition

De Jesus was directed to serve the order on defendants and file proof of service by November 30, 2023. Judge Sarah L. Cave entered these directions regarding the damages, fees, and costs inquest; the opinion text does not state a final damages award or a final ruling on attorney fees or costs.

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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