Inga v. Nesama Food Corp.

Background

Justo Enrique Inga filed a motion to strike the defendants’ answer and enter a default judgment against the defendants. Judge Andrew L. Carter referred the case to Sarah L. Cave for general pretrial supervision and to conduct a damages inquest and issue a report and recommendation concerning the motion. A damages inquest is a court process for determining the amount of money damages when additional proof is needed.

Evidence Required

The court explained that a plaintiff must provide enough evidence for the court to determine damages with reasonable certainty. Inga’s motion included a declaration from his lawyer and supporting documents, but it did not include an affidavit from Inga attesting to the allegations and damages. The court therefore required Inga to file an affidavit addressing the allegations in his complaint, including the dates he worked for the defendants, the hours he worked, and his positions. He also had to file proof that he served the affidavit on the defendants under the applicable local rule.

Defendants’ Opportunity to Respond

The court gave the defendants one final opportunity to oppose Inga’s motion. It stated that, if the defendants failed to respond or failed to contact the judge’s chambers by July 27, 2021, to request an in-court hearing, the court intended to issue a report and recommendation about damages based only on Inga’s written submissions. The order also directed Inga to serve the order on the defendants and file proof of service.

Disposition

This order did not grant or deny Inga’s motion for default judgment and did not determine the amount of damages. It required additional evidence and set deadlines for submissions and any request for a hearing. Judge Sarah L. Cave stated that she intended to proceed without an in-court hearing if the defendants did not respond or request one.