Schwartz v. Sensi, LLC

Background

Jonathan Schwartz brought the case against Sensei, LLC, Odeon Capital Group, LLC, and individual defendants. On February 14, 2020, the court entered default against Sensei, LLC, with its counsel’s consent. On September 30, 2020, the court dismissed Schwartz’s Second Amended Complaint against Odeon Capital Group, LLC, and the individual defendants. The court had stated that it would address the allegations against Sensei in a separate order.

Order for damages submissions

The court directed Schwartz to file proposed findings of fact and conclusions of law describing all claimed damages and other monetary relief against Sensei within 30 days after the order’s entry. Schwartz must support the proposed findings with affidavits and documentary evidence, cite evidence for each proposed factual finding, connect each damages amount to a specific liability claim, and cite the relevant complaint paragraphs for each liability allegation.

Instead of formal conclusions of law, Schwartz must file a memorandum explaining the legal basis for the damages claim and any request for interest or attorney’s fees. Schwartz must also mail a complete copy of the filing and the order to Sensei’s last known addresses. Sensei may file a response within 30 days after service.

Damages inquest

A damages inquest is a court process for determining the amount of money owed after liability has been established or defaulted. Judge Sarah Netburn notified the parties that the court may conduct the inquest solely through written submissions. A party seeking an evidentiary hearing must explain why written submissions are insufficient and describe the witnesses and evidence it would present.

Disposition

This scheduling order did not determine the amount of damages, interest, or attorney’s fees. It established the process and deadlines for deciding those issues concerning Sensei, LLC.