Adewale v. Akintoye
- John Cronan
- 1:21-cv-09485
- U.S. District Court · Southern District of New York
- 2
In Adewale v. Akintoye, Judge Cronan ordered proof of service and fee briefing before considering default judgment.
Tejosho Olusina Adewale and the defendants, Olubunmi Adeola Akintoye et al.; the order required Adewale to file proof of service and additional fee documentation.
What happened
In Adewale v. Akintoye, Tejosho Olusina Adewale had asked the court to enter default judgment, and a hearing on that request was scheduled for June 17, 2022.
The court said the docket did not show that Adewale had served the defendants with the court’s April 1 order or with his default-judgment motion and supporting materials. It ordered him to file proof of that service by June 2, 2022, and to provide additional information supporting his request for attorneys’ fees and costs.
Judge John P. Cronan issued the order on May 31, 2022. The order did not decide whether default judgment or any damages should be granted.
The detailed version
- Adewale v. Akintoye · No. 1:21-cv-09485
- John Cronan
- May 31, 2022
Background
Tejosho Olusina Adewale filed a motion for default judgment. A hearing on that motion was scheduled for June 17, 2022. In an earlier order, the court had directed Adewale to serve the defendants with that order and to serve them with the default-judgment motion and supporting documents. The court also required Adewale to file proof of service by specified deadlines.
Court’s Action
The court stated that the docket did not show service of either the April 1, 2022 order or the default-judgment motion and supporting documents. It ordered Adewale to file proof of service of both by June 2, 2022.
The court also ordered supplemental briefing on Adewale’s request for attorneys’ fees and costs. The additional submission had to state the exact amount requested and include supporting documents, such as detailed affidavits, time entries, and invoices. The court noted that a defendant’s default concedes well-pleaded allegations of liability but does not admit the amount of damages.
Disposition
The order imposed filing and briefing requirements related to the pending default-judgment motion. It did not grant or deny default judgment and did not decide damages or attorneys’ fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.