Worrell v. R.G. Ortiz Funeral Home, Inc.

Background

The order states that, by an order dated February 6, 2023, Judge John G. Koeltl granted a default judgment against R.G. Ortiz Funeral Home, Inc. and 524 Southern Blvd LLC. A default judgment is a judgment entered against a defendant that has not defended the case. Judge Koeltl referred the matter to Magistrate Judge Robert W. Lehrburger for an inquest concerning Vernita Worrell’s damages. The opinion does not describe the claims, the established liability, or the amount sought.

Required submission

The order required Worrell to file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief permitted by the default judgment no later than March 6, 2023. The filing had to include a final paragraph stating the exact dollar amount or other monetary relief requested. Worrell could rely on earlier docket filings if they 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 Worrell calculated the requested amount. They also had to be supported by one or more affidavits, which could include documentary evidence. Each proposed fact had to cite the supporting affidavit paragraph or document page. The submission had to include an affidavit from a person with personal knowledge addressing the court’s personal jurisdiction over the defendants and subject-matter jurisdiction. Any allegations about liability had to cite the complaint.

Attorney fees and legal briefing

Any request for attorney fees had to include contemporaneous time records identifying, for each attorney, the service date, hours worked, and nature of the work. Counsel also had to provide the attorneys’ years of bar admission, hourly rates, and information supporting the reasonableness of those rates. The legal conclusions had to explain the legal basis for any fee award, including why the attorneys involved were entitled to fees, if applicable.

Instead of separate conclusions of law, Worrell could file a memorandum explaining the legal principles governing the requested damages and any claim for interest or attorney fees.

Response, hearing, and service

The defendants were required to send any response to Worrell’s counsel and file it with the court by March 20, 2023. Judge Lehrburger stated that the damages inquest could be conducted solely through written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient and describe the witnesses and evidence that would be presented.

The order required service of the order within five days after entry. Documents Worrell filed and served on the defendants also had to be served within five days after filing, using methods previously approved by the court. Worrell then had to file proof of service within five days after service.

Disposition

The order set procedures and deadlines for determining damages after the default judgment. It did not itself award a damages amount or attorney fees, and it did not state the final outcome of the damages inquest. The order was signed by Magistrate Judge Robert W. Lehrburger.