Business Casual Holdings, LLC v. TV-Novosti

Background

Judge John G. Koeltl had ordered that Business Casual Holdings, LLC was entitled to default judgment against TV-Novosti and referred the matter to Magistrate Judge Robert W. Lehrburger for an inquest—a proceeding to determine damages. This order set the requirements and schedule for that proceeding. The opinion does not identify the underlying legal claims or state the damages amount requested.

Required submissions

Business Casual Holdings had to file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief permitted by the default judgment by November 8, 2022. The filing had to end with a concise statement of the exact dollar amount or other monetary relief sought.

The proposed findings had to connect the requested damages to the legal claims for which liability had been established and explain how the damages figure was calculated. They had to be supported by one or more affidavits, which could include documentary evidence. Each proposed finding had to cite the supporting affidavit paragraphs or document pages. The papers also had to include an affidavit from a person with personal knowledge establishing the court’s personal jurisdiction over TV-Novosti and subject-matter jurisdiction. Any allegations concerning liability had to cite the complaint.

Attorney fees and hearing

Any request for attorney fees had to include contemporaneous time records identifying, for each attorney, the service date, hours worked, and work performed. Counsel also had to provide each attorney’s years of bar admission, hourly rate, and information supporting the rate’s reasonableness, along with the legal basis for the fee request.

Business Casual Holdings could submit a memorandum of law instead of separate conclusions of law. The memorandum could address the legal principles governing damages, interest, and attorney fees.

TV-Novosti had to send its response to Business Casual Holdings’ counsel and file it with the court by December 6, 2022. The court stated that it might decide the damages inquest entirely from written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient and describe the witnesses and evidence it would present.

Disposition

Judge Robert W. Lehrburger entered an order governing the damages inquest and service of the filings. He did not determine the amount of damages, award attorney fees, or otherwise alter the previously ordered default judgment. The order required service within the specified periods and required Business Casual Holdings to file proofs of service.

Classification

This is a procedural order because it establishes procedures for determining damages after default judgment without deciding the amount of damages or other underlying merits.