Bawden v. Townes
- Andrew Carter
- 1:19-cv-08034
- U.S. District Court · Southern District of New York
- 2
In Bawden v. Townes, Magistrate Judge Wang ordered a damages inquest after default and set deadlines for submissions and service.
Jennifer Bawden must prepare and serve the required damages and fee materials; David K. Townes, identified as the defaulting defendant, may file opposition papers and may request an evidentiary hearing under the stated requirements.
What happened
In Bawden v. Townes, the matter was referred to the court for an inquest after the defendant’s default. The order did not state the amount of damages owed.
The plaintiff must submit proposed factual findings, legal conclusions, proof supporting damages, and documentation for attorney’s fees and costs by May 3, 2023. She must also serve those materials on the defaulting defendant and file proof of service by that date; the defendant may file opposition papers by June 2, 2023.
Magistrate Judge Ona T. Wang said the court may decide the damages inquest using written submissions alone. Any party seeking an evidentiary hearing must request one, explain why it is needed, and describe the additional evidence to be presented.
The detailed version
- Bawden v. Townes · No. 1:19-cv-08034
- Andrew Carter
- Mar. 3, 2023
Background
The court stated that the matter had been referred to Magistrate Judge Ona T. Wang for an inquest following a default. An inquest is a proceeding to determine damages and related amounts after a defendant has defaulted. The order did not decide the amount of damages, attorney’s fees, or costs.
Required submissions and deadlines
The plaintiff must file by May 3, 2023:
- proposed findings of fact and conclusions of law; - an inquest memorandum explaining the proof of damages; - documentary evidence and/or affidavits supporting the proposed damages figures; and - documentation supporting requested attorney’s fees and costs.
The plaintiff must serve these documents on the defaulting defendant and file proof of service on the docket by May 3, 2023. The order separately required the plaintiff to serve a copy of the order on the defaulting defendant and file proof of that service by March 16, 2023. Any opposition papers from the defendant must be filed by June 2, 2023.
Hearing procedure and disposition
The court notified the parties that it may conduct the damages inquest solely through written submissions. A party seeking an evidentiary hearing must make that request in its papers, explain why a hearing is necessary, and describe the types of additional evidence that would be presented.
Magistrate Judge Ona T. Wang therefore entered a scheduling and procedure order for the damages inquest. The order did not determine liability or award a specific amount of damages, fees, or costs.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.