The Pinkfong Company Inc. v. 7 Day Store

Background

On December 20, 2022, Judge Paul Engelmayer entered default judgments against the remaining defendants in both cases. A default judgment is a judgment entered after a defendant does not appear or otherwise participate in the case. Judge Engelmayer referred the matters to Magistrate Judge James L. Cott to determine damages and consider whether injunctive relief was appropriate.

Evidence Required for Damages

Judge Cott explained that a plaintiff does not automatically receive the damages alleged in its complaint merely because the defendant defaulted. Pinkfong therefore had to submit admissible evidence sufficient to establish its damages with reasonable certainty. The order required Pinkfong to serve and file proposed findings of fact and conclusions of law concerning damages and any other monetary relief by January 20, 2023. The filing had to state the exact amount requested and connect each proposed damages figure to the legal claims for which liability had been established.

The proposed findings had to be supported by affidavits and documentary evidence, with citations showing where each fact was supported. Pinkfong could instead submit a legal memorandum explaining the legal principles governing its damages claims, including any request for interest or attorney’s fees. An affidavit from someone with personal knowledge had to state the proposed damages amount and facts establishing personal jurisdiction over the defendants and subject-matter jurisdiction. Personal jurisdiction is the court’s authority over a particular defendant; subject-matter jurisdiction is the court’s authority to hear the type of dispute involved.

Attorney’s Fees, Costs, and Hearing

Any request for attorney’s fees had to include contemporaneous time records, information about each attorney’s experience and hourly rate, supporting authority for the rates, and any appropriate charts. Pinkfong also had to provide documentary evidence supporting any requested costs.

The defendants were permitted to send responses to Pinkfong’s submissions and file them with the court by February 14, 2023. Judge Cott notified the parties that he might decide the damages inquiry based only on the written submissions. A party requesting an evidentiary hearing had to explain why written submissions were insufficient and describe the witnesses and evidence that would be presented.

Disposition

The order set the schedule and evidentiary requirements for the damages inquiry. It did not determine the amount of damages, award attorney’s fees or costs, decide whether injunctive relief should issue, or make a final ruling on personal jurisdiction.