Elof Hansson USA Inc. v. Santiago
- Vincent Briccetti
- 7:18-cv-02758
- U.S. District Court · Southern District of New York
- 1
In Elof Hansson USA Inc. v. Bolivar Infante Quinones, Judge Briccetti referred the default-judgment motion and damages inquiry to a magistrate judge.
The plaintiff’s motion for default judgment against Bolivar Ernesto Infante Quinones was referred to a magistrate judge, and the amount of any damages remained to be determined.
What happened
In Elof Hansson USA Inc. v. Bolivar Ernesto Infante Quinones, the plaintiff asked the court to enter judgment because Bolivar had not appeared. The clerk had entered a default against him in 2019.
The court explained that default meant the well-supported allegations about liability could be treated as true, but it did not automatically establish that Bolivar was legally responsible or determine the amount of damages. The court therefore needed to review the claims and the requested damages.
Judge Vincent L. Briccetti ordered that the motion and a hearing to determine the proper damages amount be referred to a magistrate judge for a report and recommendation. The order did not itself grant or deny the default judgment.
The detailed version
- Elof Hansson USA Inc. v. Santiago · No. 7:18-cv-02758
- Vincent Briccetti
- Feb. 11, 2021
Background
The plaintiff moved for a default judgment against Bolivar Ernesto Infante Quinones. The court held a hearing on the motion. Counsel for the plaintiff and counsel for former co-defendant Edgar Santiago appeared by telephone; Bolivar and anyone representing him did not appear.
The Clerk issued a certificate of default against Bolivar on November 20, 2019. The plaintiff filed its motion for default judgment on December 31, 2020.
Court’s analysis
The court explained that when a defendant fails to appear, the court may accept as true the complaint’s well-pleaded allegations concerning liability. But a default is not an admission that the defendant is legally liable. The court must still review the complaint to determine whether the alleged facts state a valid claim for relief.
The court also explained that a default does not establish the amount of damages. The court must take appropriate steps to determine the correct amount with reasonable certainty. Here, the court found that it needed to confirm that each claim against Bolivar was supported by the plaintiff’s well-pleaded factual allegations and to determine the proper damages amount.
Disposition
By a separate order, the court referred the plaintiff’s motion for default judgment to a magistrate judge for a report and recommendation. It also referred the matter for an inquest, meaning a proceeding to determine the proper amount of damages. The order did not grant or deny the motion for default judgment. Judge Vincent L. Briccetti signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.