Murphy v. Virda Netco Establishment

Background

On December 20, 2019, Judge John G. Koeltl granted a default judgment against Virda Netco Establishment and referred the matter to Magistrate Judge Robert W. Lehrburger for an inquest concerning the plaintiff’s damages. The opinion states that Defendant Flavio Lepori had previously been voluntarily dismissed.

Required filing

The plaintiff had to serve the defendant and file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief permitted under the default judgment by February 10, 2020. The filing had to include a concluding paragraph stating the exact dollar amount or other monetary relief sought.

The proposed findings had to connect the requested damages to the legal claims for which liability had been established, explain how the plaintiff calculated the proposed amount, and cite supporting affidavits or documentary evidence. The plaintiff also had to provide an affidavit from someone with personal knowledge addressing facts establishing the court’s personal jurisdiction over the defendant and subject-matter jurisdiction. Any allegations concerning liability had to cite the appropriate paragraphs of the complaint.

Attorneys’ fees and legal memorandum

Any request for attorneys’ fees had to include contemporaneous time records identifying, for each attorney, the date of service, hours worked, and work performed. Counsel also had to provide each attorney’s years of bar admission and hourly rate. The conclusions of law had to explain the legal basis for any fee request, including why the number of attorneys involved was entitled to fees. Alternatively, the plaintiff could submit a memorandum of law addressing the principles governing damages, interest, attorneys’ fees, and other requested monetary relief.

Defendant’s response and possible hearing

The defendant’s response, if any, was due February 24, 2020. Judge Lehrburger stated that the damages inquest could be conducted solely on the parties’ written submissions. A party seeking an evidentiary hearing had to explain why written submissions would be insufficient and identify the witnesses and evidence that would be presented.

Service and disposition

The order required service at the defendant’s corporate address and through the New York Department of State. It also required courtesy copies of filed documents to be sent or delivered to Judge Lehrburger. The order set procedures for determining damages after the default judgment; it did not itself determine or award a damages amount.