Skyrocket, LLC d/b/a Skyrocket Toys LLC v. Comeyun

Background

Judge Paul G. Gardephe had entered a default judgment against Comeyun, F2toydh, Hellotangtang, Joy4toy, Onetoys, Pink350, Pinktn, Vmnice, Yan350, and Yun350. A default judgment is a judgment entered after a defendant fails to defend the case. On January 25, 2021, Judge Gardephe referred the matter to Magistrate Judge Robert W. Lehrburger to conduct an inquiry into Skyrocket’s damages.

The order notes that Huangcc31 had previously been voluntarily dismissed. It also states that Skyrocket had not established a basis for exercising personal jurisdiction—the court’s authority over a defendant—over Pink700.

Order and required submissions

The court ordered Skyrocket to serve the defendants and file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief allowed by the default judgment by March 8, 2021. Skyrocket must include a concluding paragraph stating the exact amount of money or other relief it seeks.

The proposed findings must connect the requested damages to the legal claims on which liability was established and explain how Skyrocket calculated the amount. They must be supported by affidavits and documentary evidence, with citations supporting each proposed finding. An affidavit from a person with personal knowledge must establish the facts supporting both personal jurisdiction over the defendant and subject-matter jurisdiction, meaning the court’s authority over the type of dispute. Any allegations concerning liability must cite the appropriate complaint paragraphs.

Attorneys’ fees and legal memorandum

Any request for attorneys’ fees must include contemporaneous time records identifying, for each attorney, the service date, hours worked, and work performed. Skyrocket’s counsel must also provide information about each attorney’s years of bar admission, hourly rate, and the reasonableness of that rate. The proposed conclusions of law must explain the legal basis for any fee request, including why the attorneys involved are entitled to fees.

Instead of proposed conclusions of law, Skyrocket may file a memorandum explaining the legal principles applicable to its damages claims, including any request for interest or attorneys’ fees.

Defendants’ responses and possible hearing

The defendants were required to send any responses to Skyrocket’s counsel and file them with the court by April 5, 2021. The court stated that it might decide the damages inquiry solely on the parties’ written submissions. A party seeking an evidentiary hearing had to explain why written submissions would not be sufficient and identify the witnesses and evidence that would be presented.

Service and disposition

Service had to follow the alternative-service methods authorized by the preliminary injunction order. The order directed the parties to send courtesy copies of filings to Magistrate Judge Lehrburger. The order set procedures for determining damages after the default judgment; it did not itself award a damages amount or otherwise decide the amount of monetary relief.