Batson v. RIM San Antonio Acquisition, LLC
- Ona Wang
- 1:15-cv-07576
- U.S. District Court · Southern District of New York
- 2
In Batson v. RIM San Antonio Acquisition, LLC, Judge Wang ordered damages and fee submissions after defendants defaulted.
The plaintiffs and the defendants identified as the Defaulting Defendants, including any defendants who may oppose the plaintiffs’ damages submissions.
What happened
Batson v. RIM San Antonio Acquisition, LLC concerns the plaintiffs’ requested damages, attorney’s fees, and costs against defendants identified in the order as the “Defaulting Defendants.”
The court ordered the plaintiffs to submit proposed factual findings, legal conclusions, and an explanation of their damages by March 3, 2023. The plaintiffs must support their requested amounts with documents or affidavits, provide records supporting fees and costs, serve the materials on the Defaulting Defendants, and file proof of service. Any opposition is due April 3, 2023. The court said it may decide the damages inquiry using written submissions alone, but a party requesting a hearing must explain why one is needed and identify the additional evidence to be presented.
Judge Ona T. Wang issued the order on January 4, 2023. The order directs the parties to submit information for determining damages and does not itself award a damages amount.
The detailed version
- Batson v. RIM San Antonio Acquisition, LLC · No. 1:15-cv-07576
- Ona Wang
- Jan. 4, 2023
Order and deadlines
The court ordered the plaintiffs to file two sets of materials by March 3, 2023: (1) proposed findings of fact and conclusions of law, and (2) an inquest memorandum explaining and supporting their claimed damages. An inquest is a court process for determining the amount of damages.
The plaintiffs’ proposed damages figures must be supported by documentary evidence and/or one or more affidavits. They must also provide documentation supporting their requests for attorney’s fees and costs. The plaintiffs must serve these materials on the defendants identified as the “Defaulting Defendants” and file proof of service on the docket by the same deadline.
Opposition and possible hearing
Any opposition papers from the defendants are due by April 3, 2023. The court notified the parties that it may conduct the damages inquest solely through written submissions. A party seeking an evidentiary hearing must request one in its papers, explain why the hearing is necessary, and describe the additional evidence that would be presented.
Disposition
Judge Ona T. Wang ordered the plaintiffs to submit proof and legal materials concerning damages, attorney’s fees, and costs, and set deadlines for any opposition. The order did not determine a damages amount or award fees or costs.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.