Elatab v. Julia Von Boehm Inc.

Background

By an order dated October 1, 2020, Judge Lorna G. Schofield granted a default judgment against Julia Von Boehm Inc. The matter was referred to Magistrate Judge Robert W. Lehrburger for an inquest, meaning a proceeding to determine the damages and other monetary relief owed after liability had been established by default.

Required submissions

The order required Jawad Elatab to serve Julia Von Boehm Inc. and file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief permitted by the default judgment by November 2, 2020. The filing had to state the exact amount sought.

The proposed findings had to connect the requested damages to the legal claims on which liability had been established and explain how the plaintiff calculated the amount. Each factual finding had to cite supporting paragraphs from affidavits or pages of documentary evidence. The plaintiff also had to submit an affidavit from a person with personal knowledge addressing the facts establishing personal jurisdiction over the defendant and subject-matter jurisdiction over the case. Any allegations about liability had to cite the complaint.

Attorney fees and legal argument

Any request for attorney fees had to include contemporaneous time records identifying, for each attorney, the service date, hours worked, and work performed. Counsel also had to provide the attorneys’ years of bar admission, hourly rates, and information supporting the reasonableness of those rates. The legal conclusions or a memorandum of law had to explain the legal basis for any requested damages, interest, or attorney fees.

Defendant’s response and possible hearing

The defendant could respond to the plaintiff’s submissions by November 16, 2020. The court stated that it might conduct the damages inquest based only on the parties’ written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient and identify the witnesses and evidence that would be presented.

Disposition

Judge Robert W. Lehrburger ordered the parties to proceed with the damages inquest under these requirements. The order did not state the amount of damages or award damages, attorney fees, or other monetary relief. It also directed that service on the defendant be made at the defendant’s corporate address and through the New York Department of State.