Abuladze v. Apple Commuter, Inc..

Background

The court had previously directed the plaintiffs to move for an order explaining why default judgment should not be entered against Hilton Manhattan/Westgate; Holiday Inn Express; Comfort Inn Chelsea/Heritage Hotel; Tryp by Wyndham; Shoreham Hotel; Hampton Inn Times Sq. South; and HHLP Duo Two Lessee LLC Candlewood Suites. The court received the plaintiffs’ response and stated that the plaintiffs had satisfied the earlier order.

Order for proposed findings

The court ordered the plaintiffs to file proposed findings of fact and conclusions of law by April 18, 2024. The filing must address all damages and other monetary relief sought from each of the seven defaulting defendants. It must also state the precise terms of any requested nonmonetary relief and include a concise summary of the dollar amount sought from each defendant.

Jurisdiction and liability

Before entering a default judgment or awarding relief, the court must determine that it has personal jurisdiction over each defendant and subject-matter jurisdiction over the action. The court warned that inadequate proof that each defaulting defendant was properly served could result in denial of the requested default judgment.

The plaintiffs’ proposed legal conclusions must also show, by reference to specific allegations in the complaint, that those allegations establish each defendant’s liability on every asserted cause of action. Although well-pleaded allegations are treated as true after a default, the plaintiffs still bear the burden of showing that those allegations establish liability as a matter of law.

Damages and service

If the plaintiffs seek actual damages, rather than statutory or nominal damages, their proposed factual findings must be supported by declarations or affidavits and any necessary documentary evidence. The evidence must be in admissible form. Each proposed factual finding must cite the supporting declaration paragraph or document page, explain how the proposed damages figure was calculated, and connect the damages to the relevant legal claims against each defendant.

Before filing, the plaintiffs must mail each defaulting defendant the proposed findings and conclusions, supporting materials, and a copy of the order at the defendant’s last known address. The plaintiffs must file proof of that mailing with the court.

Disposition

Judge Robyn F. Tarnofsky issued procedural directions for pursuing possible default judgments; the order did not enter default judgment or decide the defendants’ liability or the amount of damages. The court noted that the plaintiffs’ filing need not address S&G Hotel Corp., also identified as St. James Hotel, because that defendant had appeared and sought additional time to answer.