BMO Bank N.A. v. Gattani

Background

On January 10, 2025, Judge Paul Engelmayer entered a default judgment against defendant Prateek Gattani. The case was then referred to Magistrate Judge Henry J. Ricardo for an inquest into damages—an inquiry to determine the amount of money or other relief supported by the evidence.

The order explains that a default does not automatically establish the amount of damages. Even when a defendant does not appear to object, the plaintiff must provide admissible evidence that allows the court to determine damages with reasonable certainty. The order also states that the court may examine whether it has personal jurisdiction over a non-appearing defendant when the plaintiff’s filings raise questions about jurisdiction.

Required submissions

BMO must serve Gattani and file proposed findings of fact and conclusions of law concerning injunctive relief, damages, and any other monetary relief permitted by the default judgment no later than March 17, 2025. BMO may instead rely on earlier submissions, but it must notify the court by that date. Its filing must state the exact dollar amount or other monetary relief sought.

The proposed findings must connect each damages figure to the legal claims on which liability was established and explain how BMO calculated the figures. Affidavits and documentary evidence must support the proposed findings, with citations to the supporting affidavit paragraphs or document pages. Any statements about liability must cite the complaint.

Any request for attorney fees must include contemporaneous time records showing each attorney’s service dates, hours, and work performed. Counsel must also provide each attorney’s years of bar admission, hourly rate, and appropriate fee charts. Spreadsheet calculations must be provided in Microsoft Excel format by email to the court’s chambers. Requests for costs must be supported by documentary evidence, and the legal basis for any fee award must be explained.

BMO’s submission must also include an affidavit from a person with personal knowledge addressing the facts supporting liability, the proposed damages, personal jurisdiction, and subject-matter jurisdiction. Gattani must send BMO’s counsel and file any response by April 7, 2025.

Hearing and disposition

The court may conduct the damages inquest solely on the parties’ written submissions. A party requesting an evidentiary hearing must explain why written submissions are insufficient and describe the witnesses and evidence that would be presented.

Judge Ricardo issued a scheduling order for the damages inquest. The order set submission requirements and deadlines but did not determine the amount of damages or award additional monetary relief.