Baez v. RCO Restoration Corp.

Background

Judge Vernon Broderick had entered a default judgment against RCO Restoration Corp. and William Morocho on December 17, 2020. On December 28, 2020, he ordered the voluntary dismissal of Richard Baez’s claims against Darwin Doe. Judge Broderick then referred the case to Magistrate Judge James L. Cott for an inquest into damages, meaning a court proceeding to determine the amount of money to award.

The order explained that a defendant’s default does not automatically establish the amount of damages. The plaintiff still must support damages with admissible evidence sufficient to allow the court to determine the amount with reasonable certainty. The order also noted that, when a defendant has not appeared, the court may examine whether it has personal jurisdiction over that defendant.

Required submissions

The order required Baez to serve the defendants and file proposed findings of fact and conclusions of law concerning all damages and other monetary relief allowed by the default judgment by January 25, 2021. The filing had to include a concluding paragraph stating the exact dollar amount or other monetary relief sought.

The proposed findings had to connect each damages figure to the legal claim on which liability had been established, explain how each figure was calculated, and cite supporting affidavit paragraphs or documentary evidence. Any allegations concerning liability had to cite the appropriate paragraphs of the complaint. The submission also had to include an affidavit from someone with personal knowledge addressing the facts establishing liability, the proposed damages, personal jurisdiction, and subject-matter jurisdiction.

Requests for attorneys’ fees had to include contemporaneous time records identifying each attorney’s service dates, hours, and work performed. Counsel also had to provide each attorney’s years of bar admission, hourly rate, and supporting fee charts when appropriate. Requests for fees had to state their legal basis, and requests for costs had to include supporting documentary evidence. Baez could provide a legal memorandum instead of formal conclusions of law.

The defendants were required to send Baez’s counsel and file with the court any response by February 16, 2021.

Ruling and effect

Judge James L. Cott ordered that the damages inquest could be conducted solely on the parties’ written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient, identify the proposed witnesses, and describe the evidence the witnesses would provide. The order did not set or award a damages amount; it established the procedures and deadlines for determining damages after the default judgment.