JVM Holdings LLC v. iAERO Group Holdco 3 LLC

Background

Judge Vernon S. Broderick had previously granted default judgment against Defendant iAERO Group Holdco 3 LLC and referred the matter to Magistrate Judge Robert W. Lehrburger for an inquest, meaning a proceeding to determine the damages owed after liability had been established by the default judgment.

Required Submission

The order required Plaintiff JVM Holdings LLC to file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief allowed by the default judgment by December 5, 2022. JVM had to state the exact amount sought and could refer to earlier docket filings if those filings contained the required information and were identified.

The proposed findings had to connect the requested damages to the legal claims on which liability had been established and explain how JVM calculated the amount. They also had to be supported by affidavits or documentary evidence, with citations supporting each proposed factual finding. An affidavit from someone with personal knowledge had to address the facts establishing personal jurisdiction over iAERO and subject-matter jurisdiction. Any allegations concerning liability had to cite the complaint.

Attorneys’ Fees and Legal Argument

Any request for attorneys’ fees had to include contemporaneous time records identifying each attorney’s service dates, hours, and work performed. JVM’s submission also had to provide each attorney’s years of bar admission, hourly rate, and information supporting the reasonableness of the rate. The legal conclusions had to explain the legal basis for any fee award, including why the attorneys involved were entitled to fees. JVM could submit a memorandum of law instead of separate conclusions of law.

Response and Hearing

iAERO was required to send any response to JVM’s counsel and file it with the court by December 19, 2022. The court stated that it might decide the damages inquest solely from the parties’ written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient and identify the witnesses and evidence that would be presented.

Disposition

Judge Robert W. Lehrburger ordered the parties to follow these procedures for determining damages after the previously entered default judgment. The order did not set a damages amount or otherwise decide the amount of monetary relief. Service of the order and the parties’ filings had to occur within the specified five-day periods, with JVM required to file proofs of service.