Beltran v. Imamura, Inc.
- Analisa Torres
- 1:22-cv-03636
- U.S. District Court · Southern District of New York
- 2
In Beltran v. Imamura, Inc., Judge Wang ordered a damages inquest after defendants’ default and set deadlines for submissions, service, and opposition.
Plaintiff Habacuc Apolinar Beltran and the defaulting defendants, Imamura, Inc. (d/b/a Yakitori Sunchan) and Tokishige Imamura.
What happened
In Beltran v. Imamura, Inc., the court addressed the next steps after a default had been entered against the defendants. The matter was referred to the court to determine the amount of damages and related amounts.
The court ordered the plaintiff to submit proposed factual findings, legal conclusions, and a memorandum explaining and supporting the requested damages. The plaintiff also had to provide documents or sworn statements supporting the amounts, along with documents supporting attorney’s fees and costs. The plaintiff had to serve these materials and the order on the defaulting defendants and file proof of service.
Judge Ona T. Wang set deadlines for the plaintiff’s submissions, service, and any opposition by the defendants. She also said the damages proceeding might be decided from written submissions alone, but allowed a party to request a hearing and explain why one was needed.
The detailed version
- Beltran v. Imamura, Inc. · No. 1:22-cv-03636
- Analisa Torres
- July 20, 2023
Background
The matter was referred to Magistrate Judge Ona T. Wang for an inquest after a default. An inquest is a proceeding to determine damages or other amounts after a defendant has defaulted.
Order
The court ordered Plaintiff Habacuc Apolinar Beltran to file by September 11, 2023:
- proposed findings of fact and conclusions of law; and - an inquest memorandum providing proof of damages.
The proposed damages figures had to be supported by documentary evidence and/or one or more affidavits. The plaintiff also had to provide documentation supporting requested attorney’s fees and costs.
The plaintiff was required to serve these materials on the defaulting defendants, Imamura, Inc. (doing business as Yakitori Sunchan) and Tokishige Imamura, and file proof of service by September 18, 2023. The defendants’ opposition papers, if any, were due October 18, 2023.
Hearing and Service Requirements
The court notified the parties that it might conduct the inquest entirely through written submissions. Any 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. The plaintiff also had to serve a copy of the order on the defaulting defendants and file proof of that service by July 27, 2023.
Disposition
Judge Ona T. Wang ordered the parties to follow these procedures for determining damages after the default. The order 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.