Clark v. New York City Housing Authority
- Paul Engelmayer
- 1:20-cv-00251
- U.S. District Court · Southern District of New York
- 3
In Clark v. New York City Housing Authority, Judge Gorenstein allowed Clark to seek default judgment against NYIES under specified filing and service requirements.
La’Shaun Clark and New York Insulation & Environmental Services, Inc.; the order also notified the other parties about the possible written damages inquiry.
What happened
In Clark v. New York City Housing Authority, plaintiff La’Shaun Clark asked to pursue a default judgment against New York Insulation & Environmental Services, Inc. The order allowed Clark to file that motion.
The court required Clark to attach the certificate of default, proposed findings explaining liability and damages, supporting sworn statements or documents, and the exact amount sought. Clark also had to serve the motion and order on NYIES at the listed addresses and by email, then file proof of service.
Judge Gabriel W. Gorenstein said the court may decide the damages inquiry from written submissions alone. NYIES may respond within 30 days after the motion is filed, and any request for a hearing must explain why written submissions are insufficient.
The detailed version
- Clark v. New York City Housing Authority · No. 1:20-cv-00251
- Paul Engelmayer
- Nov. 30, 2020
Background
La’Shaun Clark made an application in a November 20, 2020 letter concerning New York Insulation & Environmental Services, Inc. (NYIES). The order states that Clark may file a motion for a default judgment against NYIES. It does not itself enter a default judgment or determine the amount of damages.
Required Motion Materials
The order requires Clark to:
- Attach a copy of the certificate of default.
- Provide sequentially numbered proposed findings of fact and conclusions of law. The proposed findings must quote the complaint’s allegations showing NYIES’s liability, address any damages, and explain the damages sought. The submission must end with a concise statement of the exact dollar amount or other monetary relief requested.
- Connect each proposed damages figure to the legal claim supporting liability, explain how the figure was calculated, and support it with sworn statements and documentary evidence when available. Each damages finding must cite the supporting sworn statement or document. Any liability allegations in a proposed finding must cite the relevant complaint paragraph. Clark may submit a legal memorandum instead of proposed conclusions of law.
Service and Response
Clark must serve the motion papers and the order on NYIES by mail at the two addresses listed in the order and by email to info@nyinsulates.com, using an email subject line that identifies the case caption and docket number. Clark must also file a declaration showing that service was completed as required.
NYIES may respond within 30 days after the motion is filed.
Damages Inquiry
The court notified the parties that it may conduct the damages inquiry, or inquest, based only on written submissions. A party seeking an evidentiary hearing must explain why written submissions are insufficient, identify the witnesses who would testify, and describe the evidence that would be presented.
Disposition
Judge Gabriel W. Gorenstein permitted Clark to file a motion for default judgment against NYIES subject to the stated requirements. The order did not grant default judgment, decide liability, or award damages. This is a procedural order concerning the proposed default-judgment process.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.