Cawthon v. Qinbojing
- John Koeltl
- 1:22-cv-03015
- U.S. District Court · Southern District of New York
- 2
In Cawthon v. Qinbojing, Judge Wang ordered written submissions for a damages inquest following Defendant’s default.
Plaintiff Scott Cawthon and Defendant Qinbojing. Cawthon had to submit and serve materials supporting damages, fees, and costs; Qinbojing could file opposition papers.
What happened
In Cawthon v. Qinbojing, the matter was referred to Magistrate Judge Ona T. Wang for an inquest after Defendant Qinbojing’s default.
The court ordered Plaintiff Scott Cawthon to submit proposed factual findings, legal conclusions, proof of damages, and supporting documents by July 5, 2023. He also had to serve those materials on Defendant and file proof of service. Any opposition was due July 28, 2023.
Judge Ona T. Wang stated that the damages inquest could be decided solely on written submissions. A party requesting a hearing had to explain why it was necessary and identify the additional evidence to be presented. The order did not determine the amount of damages or attorney’s fees.
The detailed version
- Cawthon v. Qinbojing · No. 1:22-cv-03015
- John Koeltl
- June 5, 2023
Background
The matter was referred to Magistrate Judge Ona T. Wang for an inquest following Defendant Qinbojing’s default. An inquest is a proceeding to determine the amount of damages and any related fees or costs after a default.
Court’s Order
The court ordered Plaintiff Scott Cawthon to file by July 5, 2023:
- proposed findings of fact and conclusions of law; - an inquest memorandum explaining and supporting his requested damages; and - documentary evidence or affidavits supporting the proposed damages figures.
Cawthon also had to provide documentation supporting any requested attorney’s fees and costs, serve the filings on Qinbojing, and file proof of service on the docket. Qinbojing’s opposition papers, if any, were due July 28, 2023.
The court notified the parties that it might conduct the inquest entirely through written submissions. A party seeking an evidentiary hearing on damages had to request one in its papers, explain why a hearing was necessary, and describe the additional evidence that would be presented. Cawthon had to serve a copy of the order on Qinbojing and file proof of service by June 12, 2023.
Disposition
Judge Ona T. Wang issued an order setting procedures and deadlines for the damages inquest. The opinion did not determine the amount of damages, attorney’s fees, or costs.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.