Sarmiento v. Flagge Contracting Inc.

Background

On June 9, 2023, Judge Vernon Broderick entered a default judgment against the defendants and referred the case to Magistrate Judge James L. Cott for an inquest, meaning a court review, into damages. This order establishes the procedures and deadlines for that review.

The court explained that a defendant’s default does not establish the amount of damages. Plaintiffs must support their requested damages with admissible evidence, such as detailed affidavits and documents, sufficient to allow the court to determine damages with reasonable certainty.

Required Submissions

The plaintiffs must serve the defendants and file proposed findings of fact and conclusions of law by July 5, 2023. The filing must identify the exact dollar amount or other monetary relief sought. Each proposed damages finding must connect the amount to the legal claim on which liability was established, explain how the amount was calculated, and cite the supporting affidavit paragraphs or documentary evidence. Any allegations concerning liability must cite the complaint.

The plaintiffs’ legal submission must also address whether the complaint states a legally valid claim for relief. The court stated that, even after a default, it must determine whether the complaint’s allegations establish liability as a matter of law. The order further requires the plaintiffs to provide facts supporting the court’s personal jurisdiction over the defendants and its authority to hear the case. The plaintiffs may submit a legal memorandum instead of separate conclusions of law, but must still provide an affidavit from someone with personal knowledge addressing liability, damages, and jurisdiction.

Any request for attorney’s fees must include contemporaneous time records, information about each attorney’s experience and hourly rate, supporting charts when appropriate, the legal basis for the fee request, and evidence supporting requested costs.

The defendants must file any response to the plaintiffs’ submissions by July 26, 2023.

Possible Hearing and Ruling

The court notified the parties that it may conduct the damages inquest based only on written submissions. A party seeking an evidentiary hearing must explain why written submissions are insufficient and identify the proposed witnesses and evidence.

Judge James L. Cott did not set the damages amount or decide whether the complaint’s claims are legally sufficient. The order instead sets the process for obtaining the evidence needed to make those determinations.