Perez v. West Side Pizza LLC
- Ona Wang
- 1:18-cv-05834
- U.S. District Court · Southern District of New York
- 2
In Perez v. West Side Pizza LLC, Judge Wang set procedures and deadlines for a possible damages inquiry if default judgment is granted.
Julian Martinez Perez and West Side Pizza LLC, et al.; the order sets the process for presenting and opposing any damages, attorney’s-fee, and cost requests connected to a possible default judgment.
What happened
Perez v. West Side Pizza LLC concerns a referral to determine damages if the court grants default judgment. The order does not state that default judgment had already been granted.
The court ordered Perez to serve West Side Pizza LLC and file a memorandum by December 18, 2021, explaining and supporting the damages sought. The memorandum must connect the requested amount to the claims on which liability was established and include supporting documents or sworn statements. Defendant’s opposition papers were due January 15, 2021.
United States Magistrate Judge Ona T. Wang said the damages inquiry could be decided from written submissions alone. Any party seeking a live hearing had to request one in its papers, explain why it was needed, and identify the additional evidence to be presented.
The detailed version
- Perez v. West Side Pizza LLC · No. 1:18-cv-05834
- Ona Wang
- Dec. 3, 2020
Background
The matter was referred to Magistrate Judge Ona T. Wang for an inquest—a proceeding to determine damages—if a default judgment is granted. The opinion does not say that the court had granted default judgment or that it had already determined the amount of damages.
Court’s directives
The court ordered Plaintiff to serve Defendant and file an inquest memorandum by December 18, 2021. The proposed findings of fact and law had to connect the proposed damages to the legal claims on which liability had been established. The damages figures had to be supported by documentary evidence or affidavits from someone with personal knowledge of the amounts. Plaintiff also had to provide contemporaneous time records and other documentation supporting any request for attorney’s fees and costs.
Defendant’s opposition papers were due January 15, 2021. The court notified the parties that it might conduct the damages inquest entirely through written submissions. A party requesting an evidentiary hearing had to make that request in its papers, explain why a hearing was necessary, and describe the additional evidence that would be presented.
Disposition
Judge Wang entered an order setting these filing, service, and evidentiary procedures. The order did not award damages, decide the amount of attorney’s fees or costs, or otherwise state that default judgment had been granted.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.