United States District Court, S.D. New York
W. Lehrburger, United States Magistrate Judge.
Order dated December 20, 2019, Judge John G. Koeltl granted a
default judgment against Defendants Virda Netco
Establishment, (Dkt. 27), and referred this matter to me to
conduct an inquest concerning Plaintiff's
damages. (Id.) Accordingly:
shall serve Defendant in the manner set forth in paragraph 7
below and file Proposed Findings of Fact and Conclusions of
Law concerning all damages and any other monetary relief
permitted under the entry of default judgment no later than
February 10, 2020. Plaintiff shall include with such service
a copy of this Order. The submission shall contain a
concluding paragraph that succinctly summarizes what damage
amount (or other monetary relief) is being sought, including
the exact dollar amount.
Proposed Findings of Fact:
Proposed Findings of Fact should specifically tie the
proposed damages figure to the legal claim(s) on which
liability has been established; should demonstrate how
Plaintiff arrived at the proposed damages figure; and should
be supported by one or more affidavits, which may attach any
documentary evidence establishing the proposed damages. Each
Proposed Finding of Fact shall be followed by a citation to
the paragraphs of the affidavit(s) and or page of documentary
evidence that supports each such Proposed Finding.
Plaintiff's papers must include an affidavit from someone
with personal knowledge, setting forth the facts which
establish that the Court has both personal jurisdiction over
the defendant, and jurisdiction over the subject matter. To
the extent the Proposed Findings contain any allegations
regarding liability, the Proposed Findings should cite to the
appropriate paragraph of the complaint.
request for attorneys' fees must be supported by
contemporaneous time records showing, for each attorney, the
date of service, the hours expended, and the nature of the
work performed. Counsel should also provide the No. of years
they have been admitted to the bar and their hourly rate. The
Conclusions of Law shall include a paragraph or paragraphs
setting forth the legal basis for any requested award of
attorneys' fees, including why, if applicable, the No. of
attorneys involved are entitled to fees.
Memorandum of Law:
of conclusions of law, Plaintiff may submit a memorandum of
law setting forth the legal principles applicable to
Plaintiff's claim or claims for damages (including but
not limited to the legal basis for any claim for interest or
shall send to Plaintiff's counsel and file with the Court
its response, if any, to Plaintiff's submissions no later
than February 24, 2020.
Court hereby notifies the parties that it may conduct this
inquest based solely upon the written submissions of the
parties. See Bricklayers & Allied Craftworkers Local
2, Albany, N.Y.Pension Fund v. Moulton Masonry & Const.,
LLC,779 F.3d 182, 189 (2d Cir. 2015) (quoting
Action S.A. v. Marc Rich & Co.,951 F.2d 504,
508 (2d Cir. 1991)); Cement & Concrete Workers Dist.
Council Welfare Fund, Pension Fund, Annuity Fund, Educ. &
Training Fund & Other Funds v. Metro Found. Contractors
Inc.,699 F.3d 230, 234 (2d Cir. 2012) (citation
omitted). To the extent that any party seeks an evidentiary
hearing on the issue of damages, such party must set forth in
its submission the reason why the inquest should not be
conducted based ...