Infinity Transportation MSN 6651, LLC v. Synergy Aerospace Corp.

Background

On February 1, 2021, Judge Ronnie Abrams referred the case to Magistrate Judge Sarah Netburn to conduct an inquest and make a report and recommendation about Plaintiff's damages. The referral followed the entry of default judgment against Defendant as to liability. This order addresses the process for determining damages; it does not state a damages amount or identify the underlying claims.

Required submissions

The order directs Plaintiff to file proposed findings of fact and conclusions of law describing all claimed damages and any other monetary relief within 30 days after entry of the order. Plaintiff must support the filing with affidavits and other documentary evidence, and each proposed factual finding must cite the supporting evidence. Plaintiff must also mail a complete copy of the filing and the order to Defendant's last known address and file proof of service.

Defendant may file a response within 30 days after service. Defendant must respond to each proposed finding of fact and conclusion of law. Defendant may also submit counter-findings and counter-conclusions, supported by affidavits or other documentary evidence, with citations for each proposed factual finding.

Damages inquest procedure

A damages inquest is a court process for determining the monetary relief owed after liability has been established. The court notified the parties that it may conduct the inquest solely on their written submissions. A party seeking an evidentiary hearing must explain why the inquest should not proceed on written submissions alone and describe the witnesses and the nature of the evidence that would be presented.

Disposition

Judge Sarah Netburn ordered the parties to follow these procedures for the damages inquest. The order did not determine Plaintiff's damages, enter a monetary award, or rule on any additional claim.