Leon v. AYG Framing Construction LLC

Background

On March 24, 2022, Judge Vernon Broderick entered an order finding that the plaintiffs were entitled to a default judgment against AYG Framing Construction LLC and Adriano E. Moreira. The opinion calls these two defendants the “Defaulting Defendants.” Judge Broderick referred the case to Magistrate Judge Stewart D. Aaron for an inquest about the nature of the judgment to be entered, including damages and other monetary relief.

Required submissions

The order required the plaintiffs to serve the Defaulting Defendants and file proposed findings of fact and conclusions of law concerning all damages and other monetary relief permitted under the default judgment by April 15, 2022. The plaintiffs had to state the exact dollar amount or other relief sought.

The proposed findings had to connect each proposed damages figure to the plaintiffs’ legal claims, explain how the figure was calculated, and cite supporting affidavits or documentary evidence. Any statements about liability had to cite the appropriate portions of the complaint. Instead of conclusions of law, the plaintiffs could file a legal memorandum explaining the principles supporting their damages claims, including any claim for interest or attorneys’ fees.

The plaintiffs’ papers also had to include an affidavit from someone with personal knowledge establishing that the court had personal jurisdiction over the Defaulting Defendants and subject-matter jurisdiction over the case. The Defaulting Defendants could file a response by April 29, 2022.

Court’s action

Judge Stewart D. Aaron stated that the damages inquest could be decided solely on the parties’ written submissions. Any party requesting an evidentiary hearing had to explain why written submissions were insufficient and describe the witnesses and evidence it would present. This order scheduled and established procedures for deciding damages; it did not determine the amount of damages.