Prepared Food Photos, Inc. v. The Dugout N.Y. LLC
- Ona Wang
- 1:23-cv-01538
- U.S. District Court · Southern District of New York
- 2
In Prepared Food Photos v. The Dugout N.Y. LLC, Judge Wang ordered a damages-inquest schedule after the defendant’s default.
Prepared Food Photos, Inc. must submit and serve materials supporting its damages, attorney’s fees, and costs. The defaulting defendant may oppose those submissions and may request a damages hearing.
What happened
Prepared Food Photos, Inc. v. The Dugout N.Y. LLC concerns the next steps after the defendant’s default. The court ordered the plaintiff to submit proposed factual findings, legal conclusions, and a memorandum explaining its claimed damages.
The plaintiff must support its proposed damages, attorney’s fees, and costs with documents or affidavits. It must also serve those materials and the order on the defaulting defendant and file proof of service. Any opposition is due April 12, 2024.
The court may decide the damages question using written submissions alone. Any party seeking a hearing must explain why one is needed and identify the additional evidence to be presented. Judge Ona T. Wang issued the order.
The detailed version
- Prepared Food Photos, Inc. v. The Dugout N.Y. LLC · No. 1:23-cv-01538
- Ona Wang
- Jan. 9, 2024
Background
The matter was referred to Magistrate Judge Ona T. Wang for an inquest after a default. An inquest is a court process for determining the amount of damages and related monetary relief after a defendant has failed to defend, where the amount has not yet been established. This order does not state the underlying claims or decide the amount of damages.
Court’s Order
The court ordered Prepared Food Photos, Inc. to file, by March 8, 2024, proposed findings of fact and conclusions of law, an inquest memorandum supporting its damages request, documentary evidence or affidavits supporting the proposed damages figures, and documentation supporting requested attorney’s fees and costs. The plaintiff must serve these materials on the defaulting defendant and file proof of service by the same date. Any opposition by the defendants is due April 12, 2024.
The court stated that it may conduct the damages inquest solely through written submissions. A party seeking an evidentiary hearing must request one in its papers, explain why the hearing is necessary, and describe the additional evidence that would be presented. The plaintiff also had to serve a copy of the order on the defaulting defendant and file proof of service by January 16, 2024.
Disposition and Significance
The order sets deadlines and procedures for determining damages after the default; it does not enter a damages award or resolve the underlying claims. Ona T. Wang signed the order as United States Magistrate Judge.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.