Marky's Martial Arts, Inc. v. FC Online Marketing, Inc.

Background

The opinion concerns an inquest—a proceeding to determine the amount of damages—after FC Online Marketing, Inc., doing business as FCOM, defaulted. The opinion states that liability had been established and that the case had been referred to this court to determine the damages to be awarded to Marky’s Martial Arts, Inc. The opinion does not identify the legal claims on which liability was established.

Court’s Order

The court ordered Marky’s Martial Arts to serve FC Online Marketing and file proposed findings of fact and conclusions of law about damages by March 30, 2020. The submission had to connect the requested damages to the claims on which liability was established, explain how the damages were calculated, and include a sworn affidavit or declaration under penalty of perjury with supporting documentary evidence.

If Marky’s Martial Arts sought attorney fees and litigation costs, it also had to provide attorney time records, address the reasonableness of attorney and support-staff hourly rates, and provide invoices or other documentation supporting the costs.

FC Online Marketing was required to submit any response by April 29, 2020. The court cautioned that, as a corporation, it could not appear in court without an attorney. Any response or request for a damages hearing therefore had to be made through counsel.

Effect of Nonresponse and Disposition

If FC Online Marketing did not respond by April 29, 2020, the court stated that it would issue a report and recommendation concerning damages based only on Marky’s Martial Arts’ written submission. The court also stated that it would not hold a damages hearing unless FC Online Marketing requested one in writing by that date. Judge Debra Freeman entered this scheduling order; it did not itself set a damages amount.