Rodriguez v. HKS Construction Corp

Background

The matter was referred to Magistrate Judge Ona T. Wang for an inquest following a default. An inquest is a proceeding used here to determine the damages and related amounts owed after the default. This order does not state the underlying causes of action, identify the specific defaulted defendants, or decide the amount of damages.

Required submissions

The court ordered Plaintiffs to file two items by November 11, 2022: proposed findings of fact and conclusions of law, and an inquest memorandum presenting proof of damages. Proposed damages figures had to be supported by documentary evidence or one or more affidavits. Plaintiffs also had to include documentation supporting any requested attorney’s fees and costs.

Plaintiffs had to serve these documents on Defendants and file proof of service on the docket by November 11, 2022. They separately had to serve a copy of the order on Defendants and file proof of that service by October 18, 2022.

Opposition and possible hearing

Defendants’ opposition papers, if any, were due December 2, 2022. The court notified the parties that it might conduct the damages inquest solely through written submissions. Any party seeking an evidentiary hearing had to request one in its papers, explain why a hearing was necessary, and describe the additional evidence that would be presented.

Disposition

Judge Ona T. Wang entered an order setting deadlines and procedures for the post-default damages inquest. The order did not enter a damages award or rule on the merits of the underlying claims.