Arshad v. 2090 Gas Corp.
- John Koeltl
- 1:21-cv-02654
- U.S. District Court · Southern District of New York
- 3
In Arshad v. 2090 Gas Corp., Judge Aaron scheduled written submissions to determine damages after the defendant’s default judgment.
Muhammad Arshad and 2090 Gas Corp.; Arshad had to submit proof of damages, and 2090 Gas Corp. could respond.
What happened
In Arshad v. 2090 Gas Corp., Judge Koeltl had already found that Muhammad Arshad was entitled to a default judgment against 2090 Gas Corp. Judge Koeltl then referred the case to Magistrate Judge Stewart D. Aaron for a damages inquest, which is a process for determining the relief owed after a default.
Judge Aaron ordered Arshad to serve the defendant and file proposed facts and legal conclusions about all damages and other monetary relief by May 4, 2022. The filing had to state the exact amount sought, explain how it was calculated, connect it to the legal claims, and include supporting affidavits or documents. The defendant could respond by May 18, 2022.
The order states that Judge Stewart D. Aaron may decide the damages inquest using written submissions alone. A party seeking a hearing had to explain why one was needed and identify the proposed witnesses and evidence. This order scheduled the process; it did not determine the damages amount.
The detailed version
- Arshad v. 2090 Gas Corp. · No. 1:21-cv-02654
- John Koeltl
- Apr. 13, 2022
Background
On April 7, 2022, Judge Koeltl entered an order finding that Plaintiff Muhammad Arshad was entitled to a default judgment against 2090 Gas Corp. On April 11, 2022, Judge Koeltl referred the case to Magistrate Judge Stewart D. Aaron for an inquest concerning the nature of the judgment to be entered. This order set the schedule and requirements for that inquest.
Requirements for Plaintiff’s Submission
The order required Arshad to serve 2090 Gas Corp. and file proposed findings of fact and conclusions of law concerning all damages and other monetary relief permitted following the entry of default judgment by May 4, 2022. The submission had to include a concluding paragraph stating the exact dollar amount, or other monetary relief, sought.
The proposed findings had to connect the requested damages to Arshad’s legal claims and explain how the requested figure was calculated. They also had to be supported by one or more affidavits, which could include documentary evidence. Each proposed factual finding had to cite the supporting affidavit paragraph or document page. Any allegations concerning liability had to cite the appropriate paragraph of the amended complaint.
Instead of conclusions of law, Arshad could submit a legal memorandum explaining the principles applicable to the damages claims, including the legal basis for any request for interest or attorney’s fees. The papers also had to include an affidavit from a person with personal knowledge establishing that the court had personal jurisdiction over 2090 Gas Corp. and subject-matter jurisdiction over the case.
Defendant’s Response and Possible Hearing
The order gave 2090 Gas Corp. until May 18, 2022, to send any response to Arshad’s counsel and file it with the court. Judge Aaron stated that the damages inquest might be conducted solely on the parties’ written submissions. Any party requesting an evidentiary hearing had to explain why written submissions alone would not suffice and describe the witnesses and evidence that would be presented.
Disposition
Judge Stewart D. Aaron entered a scheduling order for the damages inquest. The order did not set the damages amount or otherwise decide the monetary relief to be awarded.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.