Gavel v. Wow Payments LLC
- Figueredo
- 1:20-cv-03475
- U.S. District Court · Southern District of New York
- 3
In Gavel v. WOW Payments LLC, Judge Figueredo gave Kofi Korang one final chance to challenge damages or seek relief from an earlier default judgment.
Kofi Korang was given a final opportunity to seek relief from the default judgment or contest Holly Gavel’s damages submissions. Holly Gavel was directed to attempt service of the order and submissions, and the case would proceed toward a damages recommendation if Korang did not act by December 7, 2022.
What happened
In Holly Gavel v. WOW Payments LLC et al., Gavel accused Kofi Korang of sexual harassment while she worked for WOW Payments LLC and asserted city human-rights, assault, battery, and other claims.
Judge Lewis J. Liman had already granted default judgment against Korang on the city human-rights, assault, and battery claims, while denying it on the New York Employers Liability Act and negligent-emotional-distress claims. The case was then sent for a damages review, and Korang later filed an answer that was improper as to the claims already resolved by default judgment.
Judge Valerie Figueredo ordered that Korang had one final opportunity, by December 7, 2022, to seek relief from the default judgment or contest Gavel’s damages submissions. If he took no action, the court would prepare a damages recommendation based only on Gavel’s written submissions.
The detailed version
- Gavel v. Wow Payments LLC · No. 1:20-cv-03475
- Figueredo
- Nov. 16, 2022
Background
Holly Gavel sued WOW Payments LLC, Eugene Gold, and Kofi Korang. She alleged that Korang sexually harassed her while she was employed by WOW Payments LLC. Her claims included violations of the New York City Human Rights Law, claims under the New York Employers Liability Act, civil assault, battery, and negligent infliction of emotional distress.
Earlier proceedings
Gavel moved for default judgment against Korang under Federal Rule of Civil Procedure 55(b)(2), which permits judgment against a party who has failed to defend the case. The motion was unopposed. On October 15, 2020, Judge Lewis J. Liman granted default judgment on Gavel’s New York City Human Rights Law, assault, and battery claims. He denied the motion on the New York Employers Liability Act and negligent-infliction-of-emotional-distress claims.
The case was referred for a damages inquest, meaning a court process to determine the amount of damages after default judgment. Gavel submitted proposed findings and later a supplemental damages submission. Korang appeared on May 24, 2022, and filed an answer, but Judge Figueredo stated that the answer was improper as to the claims for which default judgment had already been granted. Korang also sought free legal representation; one application was denied, and a later application remained pending.
November 16 order
Korang did not appear at a November 2, 2022 conference. The court stated that notice of the conference had been mailed to the address on the docket and in Korang’s answer but was returned undelivered. The court also stated that Korang had not provided an updated address.
Because Korang was representing himself, Judge Valerie Figueredo gave him one final opportunity to appear and either move to vacate the default judgment—that is, ask the court to set it aside—or contest Gavel’s damages submissions. The deadline was Wednesday, December 7, 2022.
The order stated that if Korang took no action by that date, the court would issue a damages inquest Report and Recommendation based only on Gavel’s written submissions. It directed the Clerk of Court to mail the order and the damages submissions to Korang and directed Gavel to attempt service of those materials on him. The order did not itself determine the amount of damages.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.