Sirius XM Radio Inc. v. Aura Multimedia Corporation
- Gregory Woods
- 1:21-cv-06963
- U.S. District Court · Southern District of New York
- 3
Sirius XM Radio v. Aura Multimedia: Judge Aaron ordered Sirius XM to submit default-judgment and damages papers by January 26, 2022.
Sirius XM Radio Inc., Aura Multimedia Corporation, the other defendants, and specifically Defendant Burton, whose service by email was authorized.
What happened
In Sirius XM Radio Inc. v. Aura Multimedia Corporation, the court ordered Sirius XM Radio Inc. to file a motion for default judgment by January 26, 2022. The motion must explain each claim and why the allegations establish the defendants’ liability.
Sirius XM also must submit proposed findings about damages and other requested relief, including the exact amount sought and supporting affidavits or documents. It must serve the papers on the defendants, and the defendants may respond by February 16, 2022. The order did not decide liability or damages.
Magistrate Judge Stewart D. Aaron also stated that the damages inquiry may be decided from written submissions alone. The court required any party seeking a hearing to explain why one is needed and identify the expected witnesses and evidence.
The detailed version
- Sirius XM Radio Inc. v. Aura Multimedia Corporation · No. 1:21-cv-06963
- Gregory Woods
- Jan. 5, 2022
What the court ordered
The court ordered Sirius XM Radio Inc. to file a motion for default judgment no later than January 26, 2022. The motion must identify the elements of each asserted cause of action and explain how Sirius XM’s allegations establish each defendant’s liability. The order cited the principle that a defendant’s default concedes the complaint’s factual allegations but does not by itself establish legal liability; the plaintiff must still show that the allegations support liability on each claim.
Damages and other relief
Sirius XM must also file proposed findings of fact and conclusions of law addressing all requested damages and other relief. The submission must state the exact dollar amount or other monetary relief sought, connect the proposed damages to the claims on which liability has been established, explain how the amount was calculated, and include supporting affidavits or documentary evidence. Each proposed factual finding must cite the supporting affidavit paragraph or document page.
Any request for attorneys’ fees must be supported by contemporaneous time records identifying each attorney’s service dates, hours, and work performed. Counsel must also provide each attorney’s years of bar admission and hourly rate, and explain the legal basis for any requested fee award.
Jurisdiction and service
The papers must include an affidavit from a person with personal knowledge establishing that the court has personal jurisdiction over the defendants and subject-matter jurisdiction over the dispute. Sirius XM must serve its motion papers and a copy of the order on the defendants and file proof of service. The order permits service on Defendant Burton by email under the court’s December 4, 2021 order.
Responses and possible damages hearing
The defendants must send any responses to Sirius XM’s counsel and file them with the court by February 16, 2022. The court may conduct the damages inquiry based only on written submissions. A party requesting an evidentiary hearing must explain why written submissions are insufficient and describe the witnesses and evidence it would present.
Effect of the order
This order set requirements and deadlines for Sirius XM’s anticipated default-judgment motion and for any response. It did not itself enter default judgment, determine liability, or award damages.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.