Startable, Inc. v. Waft Perfume, Inc.
- Louis Stanton
- 1:20-cv-07672
- U.S. District Court · Southern District of New York
- 2
In Startable v. Waft Perfume, Judge Wang ordered a damages submission after default judgment, without deciding the amount owed.
Startable, Inc. had to submit and serve evidence supporting its damages and any requested attorney’s fees and costs by January 14, 2021. Waft Perfume, Inc. could oppose the submission by January 29, 2021, and either party could request a damages hearing subject to the court’s requirements.
What happened
Startable, Inc. v. Waft Perfume, Inc. concerns the next step after a default judgment. The court referred the matter for an inquest to determine damages.
The court ordered Startable to serve Waft Perfume and file a memorandum supporting its damages by January 14, 2021. The submission must connect the requested amount to the claims on which liability was established and include supporting documents or affidavits; any request for attorney’s fees and costs must include time records and other documentation.
Judge Ona T. Wang also ordered Waft Perfume’s opposition by January 29, 2021. The court said it may decide the damages issue from written submissions alone, but a party requesting a hearing must explain why one is needed and identify the additional evidence it would present.
The detailed version
- Startable, Inc. v. Waft Perfume, Inc. · No. 1:20-cv-07672
- Louis Stanton
- Dec. 2, 2020
Background
The matter was referred to Magistrate Judge Ona T. Wang for an inquest after a default judgment. An inquest is a proceeding to determine the amount of damages after liability has been established without the defendant defending the case.
Order
The court ordered Startable to serve Waft Perfume and file an inquest memorandum by January 14, 2021. The memorandum had to:
- Provide proposed findings of fact and law tying the proposed damages to the legal claims on which liability had been established. - Support the proposed damages with documentary evidence or affidavits from someone with personal knowledge of the amounts. - Include contemporaneous time records and other documentation supporting any request for attorney’s fees and costs.
Waft Perfume’s opposition papers were due January 29, 2021. The court stated that it might conduct the damages inquest solely through the parties’ written submissions. A party seeking an evidentiary hearing had to request one in its papers, explain why it was necessary, and describe the additional evidence it would present.
Disposition
The court issued scheduling and evidentiary instructions for the damages inquest. It did not determine the amount of damages, attorney’s fees, or costs in this order. The order was entered by Judge Ona T. Wang.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.