Gavel v. Wow Payments LLC
- Freeman
- 1:20-cv-03475
- U.S. District Court · Southern District of New York
- 3
In Holly Gavel v. Kofi Korang, Judge Freeman ordered more evidence before recommending damages after Korang’s default.
Holly Gavel was required to provide additional evidence supporting her damages requests. Kofi Korang was given an opportunity to respond and request a hearing.
What happened
In Holly Gavel v. Kofi Korang, the court was reviewing Gavel’s requested damages after Kofi Korang defaulted. Gavel submitted proposed damages findings but did not include a sworn statement, a declaration under penalty of perjury, or supporting exhibits.
The court said the submission did not provide enough factual support to assess the requested damages. In particular, Gavel had not supported her requests for $10,000 for emotional distress under Section 8-107 of the New York City Human Rights Law or $10,000 on her assault and battery claims.
Judge Debra Freeman ordered Gavel to submit a sworn affidavit or declaration, with supporting and explained documents, by April 29, 2022, and to serve Korang. Korang could respond by May 20, 2022; unless a defendant requested a hearing in writing by then, the court would proceed based on the written submissions and issue a report and recommendation about damages.
The detailed version
- Gavel v. Wow Payments LLC · No. 1:20-cv-03475
- Freeman
- Apr. 7, 2022
Background
The case had been referred to Magistrate Judge Debra Freeman for an inquiry into the damages to be awarded to Holly Gavel after Kofi Korang’s default. The court had previously ordered Gavel to serve and file proposed findings of fact and conclusions of law about damages. The order required her to connect each proposed damages amount to the claim on which liability had been established, explain how she calculated the amounts, and support them with a sworn affidavit or a declaration under penalty of perjury and relevant documentary evidence.
Gavel filed her proposed findings on January 28, 2021, but did not include the required sworn affidavit, declaration, or supporting exhibits.
Court’s assessment
The court found that Gavel’s submission lacked the factual support needed to assess her requested damages. For her claim under Section 8-107 of the New York City Human Rights Law, she requested $10,000 for emotional distress but had not provided an evidentiary foundation for that amount. The court stated that emotional-distress damages could be supported by the plaintiff’s own testimony, corroborated by the circumstances of the alleged misconduct, but found that Gavel had not provided that support.
Gavel also sought $10,000 in damages on her assault and battery claims. The court explained that although proof of injury is not required to establish liability for assault and battery, evidence of injury or other loss is required to support compensatory damages. At that point, the court found that Gavel had not shown an entitlement to more than nominal damages on those claims.
Order
The court ordered Gavel to supplement her prior damages submissions no later than April 29, 2022, with a sworn affidavit or declaration under penalty of perjury. She also had to attach and explain any documentary evidence supporting the damages sought, serve Korang with the supplemental materials and the order, and file proof of service.
If Korang wished to respond, his response was due by May 20, 2022. The court stated that if he did not respond by that date, it would issue a report and recommendation about damages based only on Gavel’s written submissions. The court also stated that it would not hold a damages hearing unless a defendant requested one in writing by May 20, 2022. This order directed additional submissions; it did not state a final damages award.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.