Johnson v. Reece
- Ona Wang
- 1:22-cv-09601
- U.S. District Court · Southern District of New York
- 2
In Johnson v. Reece, Magistrate Judge Wang ordered a damages inquest after default and set deadlines for written submissions.
Javon Johnson must submit supporting materials, serve them and the order on Kenneth Reece, and file proof of service; Reece may oppose the requested damages.
What happened
In Johnson v. Reece, the court addressed the next steps after a default and referred the matter for an inquest into damages. It did not decide how much money, if any, Javon Johnson should receive.
The court ordered Johnson to file proposed findings of fact, legal conclusions, and a memorandum supporting damages by November 22, 2023. The requested amounts had to be supported by documents or affidavits, and any request for attorney’s fees and costs had to include supporting documentation. Johnson also had to serve the materials on Kenneth Reece and file proof of service. Reece could file opposition papers by December 13, 2023.
The court said it might decide the damages inquest using written submissions alone. Anyone seeking an evidentiary hearing had to request one, explain why it was necessary, and describe the additional evidence to be presented. Magistrate Judge Ona T. Wang also required Johnson to serve the order and file proof of service by November 1, 2023.
The detailed version
- Johnson v. Reece · No. 1:22-cv-09601
- Ona Wang
- Oct. 25, 2023
Background
The matter was referred to Magistrate Judge Ona T. Wang for an inquest into damages following a default. The opinion does not identify the underlying claim or state the amount of damages sought.
Required submissions
By November 22, 2023, Javon Johnson had to file:
- proposed findings of fact and conclusions of law; and - an inquest memorandum explaining and supporting the claimed damages.
Johnson’s proposed damages figures had to be supported by documentary evidence, one or more affidavits, or both. Any request for attorney’s fees and costs also had to include supporting documentation.
Johnson had to serve these documents on Kenneth Reece and file proof of service on the docket by November 22, 2023. Separately, Johnson had to serve a copy of the order on Reece and file proof of service by November 1, 2023. Reece’s opposition papers, if any, were due December 13, 2023.
Possible hearing
The court notified the parties that it might conduct the damages inquest solely on 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 types of additional evidence that would be presented.
Disposition
The order set procedures and deadlines for determining damages after the default. It did not determine damages, attorney’s fees, costs, or whether an evidentiary hearing would occur.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.