Pinheiro v. Interior Mogul LLC

Background

By an order dated January 8, 2024, Judge Jennifer R. Rearden granted default judgment against Interior Mogul LLC and Leonardo De Almeida. The matter was referred to Magistrate Judge Robert W. Lehrburger for an inquest, meaning a court process to determine the damages owed after liability had been established by default. The opinion does not identify the underlying legal claims or state the amount of damages sought.

Required submission

The court ordered Pinheiro to file proposed findings of fact and conclusions of law concerning all damages and any other monetary relief permitted by the default judgment no later than February 5, 2024. The submission had to include a short final paragraph stating the exact dollar amount or other monetary relief requested. Pinheiro could rely on 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 damages figure was calculated. Each finding had to be supported by citations to affidavits or documentary evidence. The filings also had to include an affidavit from someone with personal knowledge establishing facts supporting the court’s personal jurisdiction over the defendants and subject-matter jurisdiction. Any allegations about liability had to cite the relevant paragraphs of the complaint.

Attorney fees and legal memorandum

Any request for attorney fees had to be supported by contemporaneous time records identifying, for each attorney, the service date, hours worked, and work performed. Counsel also had to provide the attorneys’ years of bar admission, hourly rates, and information supporting the reasonableness of those rates. The legal conclusions had to explain the legal basis for any requested attorney-fee award, including why the number of attorneys involved was entitled to fees. Instead of separate legal conclusions, Pinheiro could submit a memorandum explaining the legal principles applicable to the requested damages, interest, attorney fees, or other monetary relief.

Defendants’ response and possible hearing

The defendants were directed to send Pinheiro’s counsel and file any response by February 26, 2024. The court stated that it might decide the damages inquest based only 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.

Disposition

Judge Lehrburger issued instructions for determining damages after the previously entered default judgment. The order did not award a damages amount, decide a request for attorney fees, or state the underlying claims. It also required service of the order and related filings within the specified time limits.