Wells Fargo Trust Co., N.A. v. Fast Colombia S.A.S.

Background

Judge Paul G. Gardephe had granted a default judgment against Fast Colombia S.A.S. and referred the case to Magistrate Judge Robert W. Lehrburger for an inquest concerning Wells Fargo’s damages. The order does not identify the underlying legal claims or decide the amount of damages.

Required submissions

The order required Wells Fargo to file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief allowed under the default judgment by July 7, 2023. The submission had to state the exact dollar amount or other relief sought and explain how Wells Fargo calculated the proposed damages. Supporting affidavits and documentary evidence were required, with citations supporting each proposed finding. Wells Fargo also had to include an affidavit from someone with personal knowledge addressing the court’s personal jurisdiction over Fast Colombia and subject-matter jurisdiction.

Any request for attorneys’ fees had to include contemporaneous time records identifying each attorney’s service dates, hours, and work performed, along with information about bar admission, hourly rates, and the reasonableness of those rates. Wells Fargo could submit a memorandum of law explaining the legal basis for damages, interest, attorneys’ fees, or other requested relief.

Response and possible hearing

Fast Colombia was required to send any response to Wells Fargo’s counsel and file it with the court by July 21, 2023. The court stated that it might decide the damages inquest based only on written submissions. A party seeking an evidentiary hearing had to explain why written submissions were insufficient and describe the witnesses and evidence that would be presented.

Disposition

Judge Robert W. Lehrburger ordered the parties to follow these procedures for the damages inquest. The order did not award a specific amount of damages, rule on attorneys’ fees, or otherwise state the final monetary relief.