Zelvin v. Ezcontacts.com, LLC

Background

Lynn Zelvin submitted a motion for default judgment and supporting materials requesting compensatory damages, costs and disbursements, and attorney’s fees. The motion was referred to Magistrate Judge Sarah L. Cave for a report and recommendation. On June 16, 2025, the court directed Zelvin to address defects in his damages submission.

On July 14, 2025, Zelvin submitted another statement of damages, fees, and costs. The court stated that he again failed to support the request with contemporaneous billing records and invoices.

Court’s Requirements

The court explained that a fee application must include contemporaneous time records showing the rates charged and hours worked by each attorney. It also stated that requests for costs or fees must be supported by receipts or invoices.

The court ordered Zelvin to do the following by July 21, 2025:

- Submit contemporaneous billing records and invoices or receipts supporting his requests for costs and attorney’s fees. - Serve that supplemental submission on Ezcontacts.com, LLC. - File proof of service on the docket.

Ezcontacts.com, LLC was given until July 28, 2025, to respond. The court stated that if the defendant failed to respond or failed to contact chambers by that date to request an in-court hearing, the court intended to issue a report and recommendation concerning damages based only on the written submissions, without an in-court hearing.

Disposition

This order required additional documentation and set deadlines. It did not award or determine damages, costs, or attorney’s fees, and it did not issue the anticipated report and recommendation. The opinion therefore concerns the procedure for evaluating the damages portion of Zelvin’s default-judgment request rather than a final determination of the amount owed.