Federal Election Commission v. LatPAC

Order and procedural posture

The court ordered the Federal Election Commission to file a motion for default judgment no later than February 3, 2022. The order required the motion to identify the elements of each asserted cause of action and explain how the Commission’s allegations establish each defendant’s liability. The court cited the principle that a defendant’s default concedes the complaint’s factual allegations but does not, by itself, establish liability; the plaintiff must still show that the allegations support liability on each claim.

Requested relief and possible inquest

The Commission also had to file proposed findings of fact and conclusions of law addressing all monetary or other relief it seeks. Each proposed factual finding had to cite supporting affidavit paragraphs or documentary evidence pages, and the submission had to summarize the requested monetary amount or other relief. The court permitted the Commission to submit a memorandum of law instead of conclusions of law.

The court notified the parties that it might conduct an inquest—an assessment of requested relief—based solely on written submissions. A party seeking an evidentiary hearing had to explain why written submissions would not be sufficient, identify the witnesses who would testify, and describe the evidence to be presented.

Service and responses

The Commission was ordered to serve its motion papers and the order on defendants by mail no later than February 4, 2022, and file proof of service. Defendants’ responses, if any, were due to the Commission’s counsel and the court no later than February 25, 2022. The Clerk was requested to mail a copy of the order to pro se defendant Askew.

Disposition

This was a procedural order setting requirements and deadlines for a possible default-judgment motion and possible inquest. It did not grant or deny default judgment and did not decide defendants’ liability or the amount of any relief.