Moonbug Entertainment Limited v. 6383702

Background

Judge Paul G. Gardephe’s May 6, 2022, order entered default judgment against the listed defendants and referred the case to Magistrate Judge Robert W. Lehrburger for an inquest concerning Moonbug’s damages. A damages inquest is a proceeding to determine the amount of money, if any, that should be awarded after liability has been established. The opinion states that Defendant toyschina2011 had previously been voluntarily dismissed and that claims against Defendant luomeikit had been dismissed without prejudice.

Required filing

The order required Moonbug to serve the defendants and file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief permitted by the default judgment. The filing was due no later than June 6, 2022, and had to include this order. Its final paragraph had to state concisely the amount of damages or other monetary relief sought, including the exact dollar amount.

Moonbug’s proposed findings had to connect the proposed damages to the legal claims on which liability had been established, explain how Moonbug calculated the amount, and cite supporting affidavits or documentary evidence after each proposed factual finding. The papers also had to include an affidavit from a person with personal knowledge establishing the court’s personal jurisdiction over the defendant and subject-matter jurisdiction over the dispute. Any allegations concerning liability had to cite the complaint.

Attorney’s fees and procedure

Any request for attorney’s fees had to include contemporaneous time records identifying each attorney’s service dates, hours, and work performed. Moonbug’s counsel also had to provide each attorney’s years of bar admission, hourly rate, and information supporting the rate’s reasonableness. The proposed legal conclusions had to explain the legal basis for any fee request, including why the attorneys involved were entitled to fees. Moonbug could submit a legal memorandum instead of separate conclusions of law.

Defendants’ responses, if any, were due June 20, 2022. The court stated that it might decide the damages inquest based only on written submissions. A party seeking an evidentiary hearing had to explain why written submissions would not be sufficient and describe the witnesses and evidence that would be presented. Service had to occur within five days after entry of the order, using methods previously approved in the case, and Moonbug had to file proof of service within five days after service.

Disposition

Magistrate Judge Robert W. Lehrburger issued a case-management order governing the damages inquest. The order did not state a damages amount or award attorney’s fees.