Zavislak
Zavislak v. Netflix, Inc.
Opinion
Trial Court Opinion
I. BACKGROUND
1 Netflix requests an amendment to the damages calculation in the Court’s January 31, 2024, 2 Findings of Fact and Conclusions of Law (“FFCL”), which awarded Zavislak $15 per day in 3 penalties measured by Zavislak’s January 4, 2021, request for documents and Netflix’s March 11, 4 2022, furnishment of documents. FFCL ¶¶ 180, 181, ECF No. 238. 5 The Court has previously summarized the procedural and factual history of this case and 6 need not repeat that history here. See FFCL ¶¶ 1–73; Order Den. Mot. for Prelim. Injunction, Mot 7 to Dismiss, Mot. for Summ. J., and Mot. to Stay Disc., ECF No. 44. Thus, the Court will only 8 discuss the findings of fact relevant to the present motions, i.e., the facts surrounding Zavislak’s 9 two Section 104 requests to Netflix: (1) a letter postmarked January 4, 2021 (“January 2021 10 Request”), and (2) an email sent on February 28, 2022 (“February 2022 Request”). 11 January 2021 Request 12 Zavislak mailed a letter postmarked January 4, 2021, to Netflix, requesting documents for 13 each 2021 calendar year benefit plan to which he was a beneficiary. FFCL ¶ 9. However, due to 14 circumstances resulting from the COVID-19…