Bamishile-Richards v. Akintoye

Background

Plaintiffs Beatrice Bamishile-Richards and Oluwafisayo Meshioye sued defendant Olubunmi Adeola Akintoye and others. Defendant George K. Williams had previously been dismissed. On March 15, 2022, defense counsel asked to withdraw because the defendants had failed to participate in the litigation. Judge Paul A. Engelmayer then ordered counsel to report whether the defendants had met their discovery obligations. Counsel reported that the defendants had provided no discovery materials and again sought permission to withdraw.

On March 31, 2022, Judge Engelmayer granted counsel’s request to withdraw and held the defendants in default. The matter was referred to Magistrate Judge Robert W. Lehrburger to conduct an inquest—a court process for determining damages after a defendant has been held in default.

Order

Judge Lehrburger ordered the plaintiffs to serve the 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 29, 2022. The filing must state the exact dollar amount sought, connect the requested damages to the legal claims for which liability had been established, explain how the amount was calculated, and provide supporting affidavits and documentary evidence. Each proposed factual finding must identify the supporting affidavit paragraph or document page. The plaintiffs must also submit an affidavit from a person with personal knowledge establishing facts supporting personal jurisdiction over the defendant and subject-matter jurisdiction over the dispute.

Any request for attorney fees must include contemporaneous time records identifying each attorney’s service dates, hours, and work performed. The plaintiffs must also provide each attorney’s years of bar admission, hourly rate, and information supporting the reasonableness of the rate, along with the legal basis for any fee award.

The defendants’ response, if any, was due May 27, 2022. Judge Lehrburger stated that he might decide the damages inquiry solely on the written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient and describe the witnesses and evidence that would be presented. The order also required service under methods previously approved in the case and required proof of service within five days after service.

Disposition

Judge Robert W. Lehrburger ordered the parties to follow this schedule and procedure for the damages inquiry. The opinion does not determine the amount of damages or award attorney fees.