Fred Alston as a Trustee of the Local 272 Labor Management Pension Fund v. The…

Background

On April 5, 2023, Judge Vernon Broderick granted a default judgment against The Car Park of New York, LLC and referred the case to Magistrate Judge James L. Cott for an inquiry into damages. This order concerns the procedures for that damages inquiry; it does not determine the amount of damages.

The court explained that a default does not establish the amount of damages alleged in the pleadings. Plaintiffs must provide admissible evidence that allows the court to determine damages with reasonable certainty. The required evidence may include detailed affidavits and other documents.

Required submissions

The plaintiffs must serve the defendant and file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief allowed by the default judgment no later than April 27, 2023. They must also serve a copy of the order and file proof of service. Their submission must end with a brief statement identifying the amount of damages or other monetary relief sought, including the exact dollar amount.

The proposed findings must connect each proposed damages figure to the legal claims on which liability was established and explain how the plaintiffs calculated the figures. Each proposed finding must cite the supporting affidavit paragraphs or documentary pages. The plaintiffs’ papers must also include an affidavit from someone with personal knowledge of the facts supporting the proposed damages amount.

Any request for attorneys’ fees must identify the legal basis for the request and include contemporaneous time records showing each attorney’s service date, hours, and work performed. Counsel must provide the years each attorney has been admitted to the bar and each attorney’s hourly rate, along with fee charts when appropriate. Any request for costs must be supported by documentary evidence. The plaintiffs may submit a memorandum of law instead of conclusions of law, addressing the legal principles supporting their damages claims, including any request for interest or attorneys’ fees.

The defendant must send the plaintiffs’ counsel and file any response to the plaintiffs’ submissions by May 18, 2023.

Possible hearing

The court notified the parties that it may conduct the damages inquiry based only on written submissions. A party seeking an evidentiary hearing must explain in its submission why written materials are insufficient, identify the witnesses who would testify, and describe the evidence to be presented.

Disposition

Judge James L. Cott entered a scheduling order setting deadlines and evidentiary requirements for the damages inquiry following the default judgment. The order did not award a specified amount of damages or attorneys’ fees.