Moose Toys Ltd v. Baby&Mommy K-ingdom Toy Store

Background

The matter was referred to Magistrate Judge Ona T. Wang for an inquest after a default by defendants. An inquest is a court process for determining what relief, including damages, should be awarded after a defendant has defaulted.

Court’s Order

The court ordered the plaintiffs to file two documents by January 3, 2023: proposed findings of fact and conclusions of law, and an inquest memorandum providing proof of damages. The proposed damages figures had to be supported by documents and/or affidavits. The plaintiffs also had to provide documentation supporting any request for attorney’s fees and costs.

The plaintiffs were required to serve those documents on the defaulting defendants and file proof of service on the docket by January 3, 2023. They separately had to serve a copy of the order on the defaulting defendants and file proof of that service by December 5, 2022.

Any opposition by the defendants was due January 24, 2023. The court stated that it might conduct the damages inquest entirely through written submissions. A party seeking an evidentiary hearing had to include that request in its papers, explain why a hearing was necessary, and describe the additional evidence it would present.

Result

The order set procedures and deadlines for the damages inquest. It did not award a specific amount of damages, attorney’s fees, or costs, and it did not state that an evidentiary hearing would occur.