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Yoon v. Jamaica French Cleaners, Inc.

United States District Court, E.D. New York

October 1, 2014

SUK HAN YOON, Plaintiff,
v.
JAMAICA FRENCH CLEANERS, INC., et al., Defendants.

MEMORANDUM AND ORDER

ROANNE L. MANN, Magistrate Judge.

On August 22, 2014, this Court granted a motion by plaintiff Suk Han Yoon ("plaintiff") to strike the answer of defendants and, accordingly, entered a notation of default against each defendant. See Memorandum and Order (Aug. 22, 2014) ("8/22/14 M&O") at 6, Electronic Case Filing ("ECF") Docket Entry ("DE") #43. In doing so, the Court noted that, although defaulting defendants are deemed to have admitted all well-pleaded allegations in the complaint pertaining to liability, "allegations in connection with damages are not deemed admitted in the event of a default." Id. at 6 (citing Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992)). Therefore, the Court "defer[ed] the calculation of damages pending the submission of a fully-supported motion for default judgment by plaintiff." See 8/22/14 M&O at 6-7. In response, on September 22, 2014, plaintiff filed a motion for default judgment. See Motion for Judgment (Sept. 22, -), DE #44. The Court has reviewed the papers submitted by plaintiff in connection with his motion and finds them deficient in several respects.

First, plaintiff submitted a memorandum of law that fails to address the relevant facts and legal authority supporting his claim for damages. See Memorandum of Law in Support of Motion for Entry of Default Judgment (Sept. 22, 2014), DE #44-2. In fact, plaintiff's memorandum of law is nearly word for word the same memorandum of law he filed in support of his motion to strike, a motion that necessarily involved different facts and legal standards. Compare id. with Memorandum in Support of Motion to Strike (June 19, 2014), DE #40-1.

The only evidence plaintiff submits in support of his damages is a letter plaintiff's counsel sent to defense counsel in November 2012 that sets forth various categories of damages plaintiff sought to recover. See Letter to Diane H. Lee (Nov. 2, 2012) ("11/2/12 Let."), DE #44-4 at 23-26. There is nothing in the record, however, to support those underlying categories of damages, such as an affidavit from plaintiff and/or documentary evidence.[1] Nor is plaintiff's request for attorney's fees supported by contemporaneous time records or by a declaration from counsel attesting to his hourly rate and experience, as required in this Circuit. See, e.g., N.Y. State Assoc. for Retarded Children, Inc. v. Carey, 711 F.2d 1136, 1148 (2d Cir. 1983).

As the Court previously observed, a defendant's default is not deemed to admit allegations in a complaint concerning damages. See 8/22/14 M&O at 6. For the reasons above, plaintiff has not demonstrated his entitlement to damages, and, thus, the Court denies plaintiff's motion without prejudice. With great reluctance, the Court will give plaintiff one final chance to file and serve a motion for default judgment that is fully supported with legal citations and relevant evidence. He must do so, via ECF, no later than October 15, 2014; defendants' responses are due by November 3, 2014.

The Clerk is directed to enter this Order into the ECF system and to send copies via Federal Express to defendants at the following addresses:

SO ORDERED.


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