Martinez v. Accelerant Media, LLC

What the Order Does

This order sets the procedure for an inquest after certain defendants defaulted. An inquest is a court process for determining matters that remain to be established after a default; here, the court directed the parties to address damages and related fees and costs.

Required Submissions

By November 28, 2022, Jamie Rio Martinez had to file:

- proposed findings of fact and conclusions of law; - an inquest memorandum explaining and supporting the requested damages; - documentary evidence and/or affidavits supporting the proposed damages; and - documentation supporting requested attorney’s fees and costs.

Martinez also had to serve these documents on the defaulting defendants, as defined in ECF 65, and file proof of service on the docket by November 28, 2022. Separately, Martinez had to serve a copy of the order on the defaulting defendants and file proof of that service by November 1, 2022.

Responses and Possible Hearing

The defendants could file opposition papers by December 19, 2022. The court stated that it might conduct the inquest solely through the parties’ written submissions. A party seeking an evidentiary hearing on damages had to request one in its papers, explain why it was necessary, and describe the additional evidence that would be presented.

Disposition and Scope

Judge Ona T. Wang entered an order setting deadlines and procedures for the inquest. The opinion does not determine the amount of damages, attorney’s fees, or costs, and it does not state the final judgment amount.