Koziar v. Blammo, Ltd.

Background

The order states that, by an order dated June 4, 2024, John G. Koeltl granted a default judgment against Blammo Ltd. and Jack Stars and referred the matter to Magistrate Judge Robert W. Lehrburger for an inquest concerning the plaintiffs’ damages. An inquest is a proceeding to determine the amount of damages after liability has been established by default. The order also states that Andrii Suslenko and Alamas Group Europe OU had previously been voluntarily dismissed.

Required submission

Oleg Koziar and Rimma Koziar must file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief permitted under the default judgment by July 3, 2024. The submission must include a concluding paragraph stating the exact dollar amount, or other monetary relief, sought. The plaintiffs may rely on earlier docket filings if those filings contain the required information and are identified in the submission.

The proposed findings must connect the requested damages to the legal claims for which liability was established and explain how the amount was calculated. They must be supported by one or more affidavits, which may include documentary evidence. Each proposed finding must cite the supporting affidavit paragraph or documentary page. Any allegations concerning liability must cite the appropriate paragraph of the complaint. The submission must also include an affidavit from a person with personal knowledge establishing the facts supporting personal jurisdiction over the defendant and subject-matter jurisdiction over the case.

Attorneys’ fees and legal memorandum

Any request for attorneys’ fees must include contemporaneous time records for each attorney, showing the service date, hours worked, and work performed. Counsel must also provide the attorneys’ years of bar admission, hourly rates, and information supporting the reasonableness of those rates. The legal conclusions must explain the legal basis for any fee request, including why the attorneys involved are entitled to fees if that issue applies.

The plaintiffs may submit a memorandum of law instead of separate conclusions of law. The memorandum may address the legal principles governing damages and any request for interest or attorneys’ fees.

Response, hearing, and service

The defendants must send their response, if any, to plaintiffs’ counsel and file it with the Court by July 24, 2024. The Court may conduct the damages inquest based only on the parties’ written submissions. A party seeking an evidentiary hearing must explain why written submissions are insufficient and describe the witnesses and evidence that would be presented.

The order requires service within the specified three-day periods after entry or filing, using methods previously approved in the case. The plaintiffs must file proofs of service within three days after service.

Disposition

Judge Robert W. Lehrburger ordered the parties to proceed with submissions for the damages inquest and set related filing, response, hearing, and service requirements. This order does not state the amount of damages awarded.