Newman v. ASA College, Inc.

Background

On December 20, 2023, Judge Katherine P. Failla granted default judgment against ASA College, Inc., Alexander Shchegol, and Jose Valencia. The case was referred to Magistrate Judge Robert W. Lehrburger to conduct an inquest, meaning a proceeding to determine the amount of damages and other monetary relief.

Required Submission

The order required Newman to file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief allowed by the default judgment by January 18, 2024. The submission had to end with a concise statement of the amount sought, including the exact dollar amount. Newman could refer to earlier docket filings if they contained the required information and were identified in the new submission.

The proposed factual findings had to connect the requested damages to the legal claims on which liability had been established and explain how the requested amount was calculated. They also had to be supported by one or more affidavits, which could include documents as attachments. Each proposed factual finding had to cite the supporting affidavit paragraph or document page. The papers also had to include an affidavit from someone with personal knowledge establishing the court’s personal jurisdiction over the defendants and subject-matter jurisdiction. Any allegations about liability in the proposed findings had to cite the relevant complaint paragraphs.

Attorney’s Fees and Legal Argument

Any request for attorney’s fees had to include contemporaneous time records identifying, for each attorney, the service date, hours worked, and work performed. Counsel also had to provide each attorney’s years of bar admission, hourly rate, and information supporting the rate’s reasonableness. The legal conclusions had to explain the legal basis for any fee request, including why the attorneys involved were entitled to fees. Instead of separate conclusions of law, Newman could submit a memorandum explaining the legal principles applicable to damages, interest, and attorney’s fees.

Response, Hearing, and Service

The defendants were required to send any response to Newman’s counsel and file it with the court by February 15, 2024. Judge Lehrburger stated that the damages inquest could be conducted solely 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. The order also set deadlines for serving the order and other filings and for filing proof of service.

Disposition

This order did not determine the amount of damages. It set the procedures and deadlines for determining damages after the default judgment. Judge Lehrburger entered the order on December 21, 2023.