Mediterranean Shipping Company Inc. v. Royal Halo LLC

Background

The court had previously entered a scheduling order for an inquiry into damages. That order directed Mediterranean Shipping Company (USA) Inc. to submit proposed findings about injunctive relief, damages, and other monetary relief allowed under the entry of default judgment, or to state that it would rely on its earlier submissions. The plaintiff notified the court that it would rely on those submissions.

Court’s Analysis

The court explained that damages after a defendant’s default still must be supported by admissible evidence. The plaintiff’s earlier filings did not establish the requested damages with reasonable certainty.

The plaintiff relied on a declaration from Rick A. Steinberg and attached exhibits. The declaration identified Exhibit B as a statement of account used to calculate damages. The court questioned how Mr. Steinberg, who was outside counsel, had personal knowledge of the facts in that statement. The exhibit listed invoice dates, identification numbers, and balances totaling $183,403.63, but did not include the invoices themselves. The court required copies of the invoices, authenticated by someone with personal knowledge, showing the services that produced the claimed amount.

The court also required an authenticated copy of the executed bill of lading. The complaint stated that the bill of lading supported the plaintiff’s allegations concerning personal jurisdiction over Royal Halo LLC and jurisdiction over the subject matter. The court noted that it may examine whether it has personal jurisdiction over a defendant who has not appeared before granting default judgment.

The plaintiff also requested reasonable attorney’s fees. The court found that the plaintiff had not provided the required contemporaneous time records showing each attorney’s service dates, hours, and work performed. To support any fee award, the plaintiff had to provide an affidavit stating each attorney’s years of bar admission and hourly rate, along with appropriate fee charts and any spreadsheet calculations in Microsoft Excel format.

Order and Deadlines

The court ordered Mediterranean Shipping Company (USA) Inc. to file the required supporting evidence by February 27, 2025, and to file proof that it served Royal Halo LLC with the order and its response. Royal Halo LLC was directed to file any response by March 13, 2025. The court warned that failure to provide adequate evidence would result in a recommendation that final judgment not be entered for the amount claimed. The order did not itself enter final judgment or state that the plaintiff’s request was denied.

Judge Henry J. Ricardo issued the order as a United States magistrate judge.