Secured Party Charles Heckler v. Montgomery

4 Citing cases

  1. A&E Adventures LLC v. Intercard, Inc.

    529 F. Supp. 3d 1333 (S.D. Fla. 2021)   Cited 15 times
    Holding that a defendant was entitled to summary judgment when the plaintiff failed to proffer evidence from which a โ€œreasonable juryโ€ could โ€œquantify damages, โ€ and explaining that it was insufficient for the plaintiff to assert the โ€œmere conclusion, โ€ at the โ€œhighest level of abstraction, โ€ that damages could be calculated somehow (citing Anderson v. Am. Family Ins. Co., 800 Fed.Appx. 814, 816 (11th Cir. 2020))

    It's thus entirely uncontroversial to say that a party, acting through its lawyer, can relinquish an aspect (or, for that matter, all aspects) of its damages claim. Cf.Heckler v. Montgomery , 567 F. Supp. 2d 471, 473 (S.D.N.Y. 2008) ("Although he originally suggested that the arresting officers had used excessive force, [the plaintiff] has since waived any claim for personal injury and on that basis avoided having to disclose his medical records during discovery."). And we should honor these waiversโ€”not just, as we've said, because to do otherwise would be to prejudice the counter-party who, relying on the waiver, took no discovery on the stipulated questionโ€”but because the system , by which we mean (in the main) American justice, benefits from the respect we pay efficiency.

  2. Karamoke v. U.S. Homeland Security

    09 Civ. 4089 (GBD) (JCF) (S.D.N.Y. Aug. 19, 2009)   Cited 9 times

    28 U.S.C. ยง 636(b)(1). When there are objections to the Report, the Court must make a de novo determination of those portions of the Report to which objections are made. Id.; Heckler v. Montgomery, 567 F. Supp. 2d 471, 472 (S.D.N.Y. 2008). The district judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

  3. Woodhouse v. Astrue

    07 CV 7193 (GBD) (HBP) (S.D.N.Y. Aug. 19, 2009)   Cited 1 times

    28 U.S.C. ยง 636(b)(1). When there are objections to the Report, the Court must make a de novo determination of those portions of the Report to which objections are made. Id.; Heckler v. Montgomery, 567 F. Supp. 2d 471, 472 (S.D.N.Y. 2008). The district judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.

  4. Cotto v. Pabon

    07 Civ. 7656 (AJP) (S.D.N.Y. Nov. 20, 2008)   Cited 7 times
    Holding Section 1983 claim not time-barred because the court could not determine, as a factual matter, whether the claim accrued at the date of arrest or when the plaintiff was not found not guilty of the criminal offense, because the court was "in the dark as to the evidence at [the criminal] trial."

    '"Escalera v. Lunn, 361 F.3d 737, 743 (2d Cir. 2004) (quotingWeyant v. Okst, 101 F.3d at 852).See also, e.g., Maron v. County of Albany, 166 Fed. Appx. 540, 542 (2d Cir. 2006); Tartaglione v. Pugliese, 89 Fed. Appx. 304, 305 (2d Cir. 2004); Caldarola v. Calabrese, 298 F.3d 156, 161 (2d Cir. 2002); Weyant v. Okst, 101 F.3d 845, 852 (2d Cir. 1996);Williams v. Deighan, No. 05-CV-5596, 2008 WL 4534013 at *5 (E.D.N.Y. Oct. 8, 2008); Li v. Aponte, 05 Civ. 6237, 2008 WL 4308127 at *9 (S.D.N.Y. Sept. 16, 2008); Heckler v. Montgomery, 567 F. Supp. 2d 471, 476 (S.D.N.Y. June 17, 2008).See also, e.g., Williams v. Deighan, 2008 WL 4534013 at *6;Chodkowski v. City of New York, 06 Civ. 7120, 2007 WL 2717872 at *4 (S.D.N.Y. Sept. 11, 2007); United States v. Scala, 388 F. Supp. 2d 396, 401 (S.D.N.Y. Sept. 28, 2005).