Head Sport GmbH v. Up Town Sport Inc.

Background

Head Sport GmbH served Up Town Sport Inc. with the summons and complaint on December 5, 2023. Up Town’s response was due December 26, 2023, but no lawyer appeared for Up Town. The order states that the court repeatedly reminded Up Town that, because it is a corporation rather than a natural person, it could not litigate without counsel.

On May 21, 2024, the court ordered Head Sport to begin seeking a default judgment based on Up Town’s failure to defend the case. Head Sport filed a proposed certificate of default on May 30, 2024, and the certificate was entered. Head Sport had not taken additional steps to obtain a default judgment.

Required filings and proof

The order directs Head Sport to file a proposed default judgment and proposed findings of fact and conclusions of law by August 1, 2024. The proposed findings must identify all damages and other monetary relief sought and must state the exact amount of monetary relief and the precise terms of any nonmonetary relief.

If Head Sport seeks actual damages, it must submit declarations or affidavits and any necessary documentary evidence showing the amount of damages with reasonable certainty. The evidence supporting damages or other relief must be admissible. Each proposed factual finding must cite the supporting declaration or document, and the filings must explain how Head Sport calculated the damages and connect them to its legal claims against Up Town.

Before a default judgment can be entered, the court must determine that it has personal jurisdiction over Up Town and subject-matter jurisdiction over the action. The order warns that failing to adequately establish service on Up Town may result in denial of the request for a default judgment. The proposed legal conclusions must also explain, using specific allegations in the complaint, why those allegations establish Up Town’s liability on each asserted cause of action.

Any request for attorney’s fees must include authenticated, contemporaneous time records identifying the date, hours, hourly rate if applicable, and work performed by each timekeeper. Head Sport must also submit evidence about the attorneys’ qualifications and its costs and expenses.

Service, opposition, and possible written decision

Before filing, Head Sport must mail Up Town the proposed findings, supporting materials, and a copy of the order at Up Town’s last known address. Head Sport must file proof of that mailing with its submission by August 1, 2024. Up Town must serve and file any opposition or responses by August 15, 2024. Head Sport’s reply is due August 22, 2024.

The court notified the parties that it may decide the default-judgment request and the related damages inquiry based only on written submissions. A party seeking an evidentiary hearing on damages or other monetary relief must explain why written submissions are insufficient, identify the witnesses it would call, and describe the evidence to be presented.

Ruling

Judge Robyn F. Tarnofsky issued case-management and default-judgment instructions; the order did not grant or deny a default judgment and did not determine Up Town’s liability or the amount of damages. It required the parties to follow the stated schedule and requirements before the court decides the request.