Yu v. Diguojiaoyu, Inc.
- Ona Wang
- 1:18-cv-07303-JMF-OTW
- U.S. District Court · Southern District of New York
- 2
In Yu v. Diguojiaoyu, Judge Wang ordered written submissions to determine damages and fees after defendants’ default.
Shanchun Yu and Ruili Jin, the plaintiffs, and Diguojiayu, Inc. d/b/a Digou Edu and the other defendants.
What happened
Yu v. Diguojiaoyu, Inc. involved an inquest after the defendants defaulted, meaning they did not defend the case. The order did not decide the amount owed.
The court directed the plaintiffs to submit proposed factual findings, legal conclusions, evidence supporting their damages request, and documentation for attorney’s fees and costs by October 16, 2020. The plaintiffs also had to serve the materials on the defendants and file proof of service. Defendants could file opposition papers by October 30, 2020.
Judge Ona T. Wang said the court might decide the damages inquest using written submissions alone. Anyone requesting a hearing had to explain why it was needed and identify the additional evidence to be presented.
The detailed version
- Yu v. Diguojiaoyu, Inc. · No. 1:18-cv-07303-JMF-OTW
- Ona Wang
- Oct. 2, 2020
Background
The matter was referred to Magistrate Judge Ona T. Wang for an inquest following a default by the defendants. An inquest is a court proceeding used here to determine damages and related amounts after the defendants failed to defend the case. The order does not state the amount of damages or resolve the underlying claims.
Required submissions
The plaintiffs were ordered to file by October 16, 2020:
- proposed findings of fact and conclusions of law; - an inquest memorandum explaining and supporting their damages request; - documentary evidence and/or affidavits supporting the proposed damages figures; and - documentation supporting requested attorney’s fees and costs.
The plaintiffs also had to serve these materials on the defendants and file proof of service on the docket. The defendants’ opposition papers were due October 30, 2020.
Hearing and disposition
Judge Wang notified the parties that the court might conduct the damages inquest solely through written submissions. A party seeking an evidentiary hearing had to request one in its papers, explain why the hearing was necessary, and describe the additional evidence that would be presented. The order set procedures for determining damages and related fees after the default; it did not award a specific amount or decide the merits of the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.