U.S. Bank National Association v. Joeefi LLC

Background

On April 4, 2025, Judge Valerie E. Caproni entered a default judgment against Blue Whale East 182nd LLC, Shony & G Corp., City of New York Department of Environmental Control, and Department of Housing Preservation and Development. The opinion calls these four entities the “Defaulting Defendants.” Judge Caproni then referred the matter to Magistrate Judge Robyn F. Tarnofsky for an inquest, meaning a court inquiry, to determine the appropriate damages. This order concerns the materials and procedures for that inquiry; it does not determine the amount of damages.

Required submissions

The order directs U.S. Bank National Association to file proposed findings of fact and conclusions of law by April 29, 2025. Those materials must address:

- the basis for the default judgment, including how and when the summons and complaint were served and the later procedural history; - the basis for the court’s personal jurisdiction over the Defaulting Defendants and subject-matter jurisdiction over the action; - why the complaint’s well-pleaded allegations, which are treated as true after a default, establish the Defaulting Defendants’ liability for each asserted claim; and - the basis and calculation of all requested damages and other monetary or non-monetary relief, including a concise statement of the exact amount and terms sought.

If U.S. Bank seeks actual damages, it must provide admissible evidence allowing the court to determine the amount with reasonable certainty. Declarations or affidavits based on personal knowledge may be used, with supporting documents attached and authenticated. Each proposed factual finding must cite the supporting declaration paragraph or document page, and the materials must connect the requested damages to the relevant claims.

Any request for attorney fees must include authenticated, contemporaneous time records identifying the date, hours, hourly rate when applicable, and work performed by each timekeeper. U.S. Bank must also provide admissible evidence about each timekeeper’s identity, background, and qualifications, along with documentation of costs and expenses.

If U.S. Bank relies on earlier filings, it must identify the relevant requirement and the docket numbers and pages supporting it in a letter filed by April 11, 2025. Before filing its proposed findings and supporting materials, U.S. Bank must serve them, along with this order, on the Defaulting Defendants by mail and email and file proof of service.

Deadlines and ruling

The Defaulting Defendants must serve U.S. Bank’s counsel and file any responses by May 20, 2025. The court states that it may conduct the damages inquest based solely on written submissions. A party seeking an evidentiary hearing must explain why written submissions are insufficient, identify the witnesses it would call, and describe the evidence to be presented.

Magistrate Judge Robyn F. Tarnofsky therefore ordered the parties to follow these submission and service requirements and left the damages determination for a later decision. The order warns that inadequate proof of service may result in denial of U.S. Bank’s request for a default judgment against the Defaulting Defendants.