Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam
- Vernon Broderick
- 1:22-cv-07396
- U.S. District Court · Southern District of New York
- 2
In Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam, Judge Wang ordered written proof of damages after the defendant’s default.
Scott Cawthon and Cong Ty Co Phan Tap Doan Apec Viet Nam, concerning the process for determining damages, attorney’s fees, and costs after the defendant’s default.
What happened
In Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam, the court addressed the next steps after the defendant’s default. It ordered Scott Cawthon to submit proposed factual findings, legal conclusions, and evidence supporting his claimed damages.
Cawthon must also provide documents supporting requested attorney’s fees and costs, serve all materials on the defendant, and file proof of service. The defendant may oppose the submissions by December 22, 2023. The court said it may decide the damages issue using only written submissions, but any party requesting a hearing must explain why one is needed and identify the additional evidence to be presented.
The order set a deadline of December 8, 2023, for Cawthon’s submissions and did not state a damages amount. Judge Ona T. Wang issued the order.
The detailed version
- Cawthon v. Cong Ty Co Phan Tap Doan Apec Viet Nam · No. 1:22-cv-07396
- Vernon Broderick
- Nov. 8, 2023
Background
The matter was referred to United States Magistrate Judge Ona T. Wang for an inquest after the defendant’s default. An inquest is a proceeding to determine the amount of damages and any related monetary relief after liability has been established through default.
Order
The court ordered Scott Cawthon, by December 8, 2023, to file proposed findings of fact and conclusions of law and an inquest memorandum explaining and supporting his damages request. The proposed damages figures had to be supported by documents and/or affidavits. Cawthon also had to provide documentation supporting any request for attorney’s fees and costs.
Cawthon was required to serve the submissions on Cong Ty Co Phan Tap Doan Apec Viet Nam and file proof of service on the docket. The defendant’s opposition, if any, was due December 22, 2023.
Hearing and Disposition
The court stated that it might conduct the damages inquest entirely through written submissions. A party seeking an evidentiary hearing had to include that request in its papers, explain why a hearing was necessary, and describe the additional evidence that would be presented. Judge Ona T. Wang therefore set procedures and deadlines for determining damages; the order did not state a damages amount or award damages.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.