Martinez Rosendo v. John Doe Corp.

Background

The matter was referred to Magistrate Judge Ona T. Wang for an inquest after default. An inquest is a proceeding used to determine the amount of damages and related amounts after liability has been established through a default. The opinion does not state the amount of damages sought or identify the specific claims on which liability had been established.

Orders and Deadlines

The court ordered the plaintiff to serve the defendants and file an inquest memorandum by March 12, 2021. The plaintiff also had to serve the order on the defendants by that date and file proof of service on the docket.

The plaintiff’s proposed findings of fact and law had to connect the proposed damages amount to the legal claims on which liability had been established. The proposed damages had to be supported by documents or affidavits from someone with personal knowledge. Any request for attorney’s fees and costs had to include supporting documentation, including contemporaneous time records.

The defendants’ opposition papers were due April 12, 2021. The court stated that it might conduct the damages inquest solely through 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 to be presented.

Disposition

Judge Ona T. Wang issued an order setting the procedures and deadlines for the damages inquest. The opinion does not award a specific amount of damages, rule on attorney’s fees or costs, or state that an evidentiary hearing was required.