Farez v. Pinery Cleaners Inc.

Background

Luis Farez brought the case individually and on behalf of others similarly situated against Pinery Cleaners Inc., doing business as Madison Cleaners/Crown Cleaners, and Won K. Cho, also identified as James Cho. The opinion does not describe the underlying legal claims or the amount of damages sought.

On April 14, 2023, Judge Vernon Broderick entered an order finding that Farez was entitled to a default judgment against the defendants. A default judgment is a judgment entered after a defendant does not defend the case, but this order does not describe the circumstances of the default. Judge Broderick referred the case to Magistrate Judge Stewart D. Aaron for an inquest concerning the nature of the judgment to be entered.

Damages-Inquest Procedures

Judge Aaron ordered Farez to serve the defendants and file proposed findings of fact and conclusions of law concerning all damages and other monetary relief permitted under the default judgment by May 17, 2023. The submission had to include a concluding paragraph stating the exact dollar amount or other monetary relief requested.

The proposed findings had to connect the requested damages to the legal claims, explain how Farez calculated the amount, and rely on affidavits or documentary evidence. Each proposed finding of fact had to cite the supporting affidavit paragraphs or document pages. Any allegations concerning liability had to cite the appropriate paragraphs of the amended complaint.

Instead of conclusions of law, Farez could submit a legal memorandum explaining the legal principles applicable to the damages claims, including any request for interest or attorney’s fees. The papers also had to include an affidavit from a person with personal knowledge establishing the court’s authority over the defendants and its authority to hear the case. Requests for attorney’s fees had to include contemporaneous time records and additional information about the attorneys’ experience and rates.

The defendants were permitted to respond to Farez’s submissions by May 31, 2023. Judge Aaron notified the parties that the damages inquest might be conducted solely on the written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient and identify the witnesses and evidence proposed for the hearing.

Disposition

This was a scheduling order for the damages inquest. It established deadlines and submission requirements but did not determine the amount of damages, award attorney’s fees, or otherwise state the final monetary relief.