Harvey v. Permanent Mission of The Republic of Sierra Leone to the United…

Background

The order followed a telephone conference about the timing and format of a damages inquest arising from the default of the Permanent Mission of the Republic of Sierra Leone to the United Nations. The order refers to that entity as the “Defaulting Defendant.” Counsel for the plaintiffs and for Empire Group NYC, LLC and David Montesi appeared at the conference. The plaintiffs told the court that they expected to resolve the claims against Empire Group NYC, LLC, David Montesi, Jules Davis, and Fairfield Construction Associates, LLC, collectively identified as the “Non-Defaulting Defendants,” by September 24, 2024.

Deadlines and required submissions

The court ordered the plaintiffs to file a letter by September 24, 2024, reporting on the resolution of claims against the Non-Defaulting Defendants.

By October 22, 2024, the plaintiffs had to serve the Defaulting Defendant 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. Their submission had to state the exact dollar amount or other monetary relief sought. The plaintiffs had to complete service and file proof of service by October 25, 2024.

The proposed findings had to connect the requested damages to the plaintiffs’ legal claims, explain how the amount was calculated, and cite supporting affidavits or documentary evidence. Any allegations about liability had to cite the appropriate paragraphs of the complaint. Instead of conclusions of law, the plaintiffs could submit a legal memorandum explaining the principles supporting their damages claims, including any request for interest or attorneys’ fees.

The plaintiffs’ submissions also had to include an affidavit from a person with personal knowledge establishing facts supporting personal jurisdiction over the Defaulting Defendant and subject-matter jurisdiction. Any request for attorneys’ fees had to include contemporaneous time records, attorneys’ years of bar admission, hourly rates, and the legal basis for the requested fee award.

The Defaulting Defendant had until November 12, 2024, to send any response to the plaintiffs’ submissions to plaintiffs’ counsel and file it with the court. The plaintiffs also had to promptly mail the order to the Defaulting Defendant and file proof of service.

Possible written inquest

The court notified the parties that it might conduct the damages inquest based solely on written submissions. A party seeking an evidentiary hearing had to explain why written submissions would not be sufficient and identify the witnesses and evidence that would be presented.

Disposition and classification

Judge Stewart D. Aaron issued an order establishing deadlines and submission requirements for the damages inquest. The order did not determine the amount of damages or award attorneys’ fees. This is a procedural order because it addresses the process for resolving monetary relief after a default rather than deciding the underlying claims on their merits.