Opinion
Civil Action 21 Civ. 10604 (JGK) (SLC)
06-30-2022
SCOTT HAYDEL, Plaintiff, v. EXPONENTIAL WEALTH INC., RYAN MICHAEL MURNANE, KRYSTALYNNE MURNANE, and CHRISTOPHER PAUL, Defendants.
SCHEDULING ORDER
SARAH L. CAVE, UNITED STATES MAGISTRATE JUDGE.
This matter having been referred to me to conduct an inquest and to report and recommend concerning Plaintiff's damages, it is hereby ORDERED that:
1. Plaintiff shall submit proposed findings of fact and conclusions of law concerning damages no later than August 1, 2022. Plaintiff must support all factual assertions by affidavit and/or other evidentiary material. Plaintiff's requested costs must be recorded in the form below, adding fields as necessary, and supported by evidentiary material.
2. Defendants shall submit their response to Plaintiff's submissions, if any, no later than August 22, 2022. IF DEFENDANTS (1) FAIL[S] TO RESPOND TO PLAINTIFF'S SUBMISSIONS, OR (2) FAILS TO CONTACT MY CHAMBERS BY AUGUST 15, 2022 AND REQUEST AN IN-COURT HEARING, I INTEND TO ISSUE A REPORT AND RECOMMENDATION CONCERNING
DAMAGES BASED ON PLAINTIFF'S WRITTEN SUBMISSIONS ALONE WITHOUT AN IN-COURT HEARING. See Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (“‘[I]t [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in a default judgment.'” (quoting Fustok v. ContiCommodity Services Inc., 873 F.2d 38, 40 (2d Cir. 1989))).
Plaintiff is directed to serve this Order on Defendants and file proof of service by no later than August 1, 2022.
SO ORDERED.