Cortes v. P&N Towing Collision Paint Inc.

Background

The court stated that the matter had been referred to Magistrate Judge Ona T. Wang for an inquest following a default. The opinion identifies the plaintiff as Victor Cortes and the defendants as P&N Towing Collision Paint Inc., Pedro Taller, and Carlos Espinosa. It refers to the defendants who defaulted as the “Defaulting Defendants,” as defined in a prior docket entry.

Order

The court ordered Cortes to file proposed findings of fact and conclusions of law, along with an inquest memorandum explaining and supporting his requested damages, by May 19, 2023. The proposed damages had to be supported by documents and/or affidavits. Cortes also had to provide documentation supporting any requested attorney’s fees and costs.

Cortes was required to serve those materials on the Defaulting Defendants and file proof of service on the docket by May 19, 2023. The order separately required service of the order itself and filing of proof of that service by April 24, 2023. The defendants could file opposition papers by June 9, 2023.

Possible Hearing

The court notified the parties that it might conduct the damages inquest entirely through written submissions. A party seeking an evidentiary hearing had to make that request in its papers, explain why a hearing was necessary, and describe the additional evidence that would be presented.

Disposition and Effect

The order set procedures and deadlines for deciding damages after a default. It did not award a specific amount of damages, attorney’s fees, or costs, and it did not state that an evidentiary hearing would occur. Because the order concerned an inquest following a default rather than an adversarial decision on the underlying claims, it is classified as a procedural order.