Osinoff v. Opera Solutions LLC

Background

The district judge had entered a default against Opera Solutions LLC. A default means the defendant did not defend the case, but it does not automatically establish the amount of damages. The district judge referred the action to Judge Moses for an inquest—a process for determining damages—and a report and recommendation concerning Greg Osinoff’s damages.

Required Submissions

The order required Osinoff to file proposed findings of fact and conclusions of law by March 27, 2020. The submission had to state the exact amount of damages or other monetary relief requested and the precise terms of any nonmonetary relief.

For actual damages, Osinoff had to provide admissible evidence, such as declarations or affidavits with authenticated documents. Each proposed factual finding had to cite the supporting declaration paragraph or documentary page, explain how the damages figure was calculated, and connect the requested damages to the legal claims. Any request for attorney’s fees had to include authenticated, contemporaneous time records identifying the date of service, hours, hourly rate when applicable, and work performed. Osinoff also had to provide evidence concerning each attorney’s or timekeeper’s qualifications and documentation of costs and expenses.

Jurisdiction and Liability

Before entering judgment or awarding damages, Judge Moses stated that the court had to determine both personal jurisdiction over Opera Solutions LLC and subject-matter jurisdiction over the action. The order specifically warned that inadequate proof of service could result in denial of the request for a damages judgment.

The court also had to determine whether the complaint’s well-pleaded factual allegations, treated as true because of the default, were legally sufficient to establish Opera Solutions LLC’s liability on each claim. The proposed legal conclusions, or a legal memorandum submitted instead, had to address jurisdiction, liability, damages, interest, and attorney’s fees as applicable.

Service, Response, and Possible Hearing

Before filing, Osinoff had to mail the proposed findings, supporting materials, and the order to Opera Solutions LLC at its last known address and file proof of mailing. Opera Solutions LLC could respond by April 17, 2020.

Judge Moses stated that the inquest might be conducted entirely on written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient, identify the witnesses who would testify, and describe the evidence to be presented.

Disposition

This opinion issued a scheduling order for the damages inquest. It did not award damages, determine the amount of any monetary relief, or enter a final judgment. The order also did not itself decide whether the court had jurisdiction or whether the complaint established liability; it required submissions addressing those issues.