Chen v. Shanghai Cafe Deluxe, Inc.
- Figueredo
- 1:17-cv-02536
- U.S. District Court · Southern District of New York
- 3
In Chen v. Shanghai Cafe Deluxe, Judge Figueredo set deadlines and submission requirements for proposed damages and a possible default judgment.
Cindy Chen and the defendants, including Shanghai Cafe Deluxe, Inc., Yili Weng, Ping Lin, and Xinsheng Gu, were affected by the filing deadlines and requirements concerning a possible default judgment.
What happened
In Chen v. Shanghai Cafe Deluxe, the court held a case-management conference about Cindy Chen’s next steps toward seeking a default judgment. Only Chen’s lawyer attended.
The court ordered Chen to serve and file proposed findings about liability and damages by November 30, 2022. The submission must explain the damages requested, connect them to the legal claims, and include sworn supporting evidence. Any request for lawyers’ fees and costs must include time records, information supporting the hourly rates, and documentation of costs. Defendants could respond by December 30, 2022.
Judge Figueredo stated that the court could proceed based only on Chen’s written submission if defendants did not respond. The court also said it would not hold a damages hearing unless one was requested in writing by December 30. This order set procedures for a possible default judgment; it did not itself determine liability or damages.
The detailed version
- Chen v. Shanghai Cafe Deluxe, Inc. · No. 1:17-cv-02536
- Figueredo
- Oct. 21, 2022
Background
The court held a case-management conference on October 20, 2022, to discuss Cindy Chen’s next steps concerning a proposed default judgment. Only counsel for Chen appeared at the conference.
Orders concerning damages and fees
The court ordered Chen to serve the defendants and file proposed findings of fact and conclusions of law by November 30, 2022. The proposed findings must address the amount of damages Chen seeks and must connect each proposed damages figure to the legal claim on which liability would be established. Chen must also explain how the figures were calculated and support them with a sworn affidavit or a declaration under penalty of perjury. The submission must attach and explain documentary evidence supporting the proposed damages.
If Chen seeks attorneys’ fees and litigation costs, the submission must include the attorneys’ contemporaneous time records, address whether the requested hourly rates for attorneys and support staff are reasonable, and provide invoices or other documents supporting the claimed costs.
Defendants’ response and possible default judgment
The defendants were ordered to submit any response by December 30, 2022. The court specifically cautioned Shanghai Cafe Deluxe, Inc., a corporate entity, that it could not appear in the court without an attorney. Any response from that entity, including a request for a damages hearing, therefore had to be submitted through counsel.
The court stated that if the defendants did not respond by December 30, it would proceed to issue a report and recommendation concerning liability for entry of a default judgment and damages based only on Chen’s written submission. The court also stated that it would not hold a damages hearing unless a hearing was requested in writing by that date.
Disposition and significance
This order established the process and deadlines for considering a possible default judgment. It did not itself enter a default judgment or decide liability, damages, attorneys’ fees, or costs.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.