Alexander Gomez v. Cirlio Lozada

What the order concerns

The court received Alexander Gomez’s status letter stating his intention to file a renewed motion for default judgment against Amigos Restaurant, Inc. A default-judgment motion asks the court to enter judgment after a defendant has failed to defend, but this order did not decide whether Gomez is entitled to judgment.

Court’s ruling on the earlier motion

The court deemed Gomez’s prior motion, filed at ECF No. 22, moot. The Clerk of Court was directed to terminate that docket entry. The order does not state that the prior motion was granted or denied.

Requirements for the renewed motion

Gomez must file the renewed motion against Amigos no later than February 4, 2025. The motion must:

- identify the elements of each asserted cause of action; - explain how Gomez’s allegations establish Amigos’s liability for each cause of action; - include proposed findings of fact and conclusions of law concerning all damages and other relief sought; - state the exact dollar amount or other monetary relief requested in a concluding paragraph; - connect the proposed damages to the legal claims on which liability is established; - explain how the damages amount was calculated; and - support the proposed damages with one or more affidavits, which may include documentary evidence.

Each proposed finding of fact must cite the supporting affidavit paragraphs or document pages. Gomez may submit a memorandum of law instead of conclusions of law to explain the legal principles supporting requested damages, interest, or attorney’s fees. Any attorney’s-fee request must include contemporaneous time records and information about each attorney’s bar-admission years and hourly rate, along with the legal basis for the requested fee award.

Possible damages proceeding and deadlines

The court stated that it may decide the damages proceeding, called a damages inquest, solely from the parties’ written submissions. A party seeking an evidentiary hearing on damages must explain why written submissions are insufficient and describe the witnesses and evidence that would be presented.

By February 4, 2025, Gomez must serve his motion papers and a copy of the order on Amigos and file proof of service. Amigos may respond by February 20, 2025. If Amigos submits a response, Gomez’s counsel must promptly file that response on the electronic docket.

Effect of the order

Judge Stewart D. Aaron’s order sets requirements and deadlines for a renewed default-judgment motion. It does not decide the asserted claims, Amigos’s liability, the amount of damages, or any request for attorney’s fees.