Board of Trustees of the I.A.T.S.E. Annuity Fund v. National Convention Services
Board of Trustees of the I.A.T.S.E. Annuity Fund v. National Convention Services, LLC
- Gregory Woods
- 1:24-cv-00019
- U.S. District Court · Southern District of New York
- 3
Board of Trustees v. National Convention Services: Magistrate Judge Aaron ordered plaintiffs to seek default judgment and document liability, damages, jurisdiction, and requested relief.
The order affects the plaintiffs, who must prepare and serve the default-judgment materials, and National Convention Services, LLC, which may respond by May 15, 2024.
What happened
In Board of Trustees of the I.A.T.S.E. Annuity Fund v. National Convention Services, LLC, the defendant did not appear after being served, and the Clerk entered a certificate of default. The court therefore directed the plaintiffs to file a motion for default judgment by May 1, 2024.
The plaintiffs must explain each claim, show how the allegations establish the defendant’s liability, and submit proposed findings addressing damages and other requested relief. Their filings must support any damages calculation with affidavits or documents, explain any request for interest or attorneys’ fees, and establish the court’s jurisdiction over the defendant and the case. The defendant may respond by May 15, 2024.
The order did not enter default judgment or decide the amount of damages. It stated that the court may decide damages from written submissions alone, unless a party explains why a hearing is needed. Magistrate Judge Stewart D. Aaron issued the order.
The detailed version
- Board of Trustees of the I.A.T.S.E. Annuity Fund v. National Convention Services · No. 1:24-cv-00019
- Gregory Woods
- Apr. 10, 2024
Background
The plaintiffs filed the complaint on January 2, 2024. The defendant was served with the summons and complaint on January 25, 2024, but did not timely appear. On March 26, 2024, the court directed the plaintiffs to seek a certificate of default if the defendant did not appear by April 2. The Clerk entered a certificate of default on April 8.
Order
The court ordered the plaintiffs to file a motion for default judgment no later than May 1, 2024. The motion must identify the elements of each asserted cause of action and explain how the complaint’s allegations establish the defendant’s liability for each claim. The court noted that a defendant’s default concedes the complaint’s factual allegations, but does not by itself establish liability; the plaintiffs must still show that the uncontested allegations establish liability.
The plaintiffs must also file proposed findings of fact and conclusions of law concerning all damages and other relief sought. Their submission must state the exact dollar amount or other monetary relief requested, connect the proposed damages to the claims, explain how the amount was calculated, and provide supporting affidavits or documentary evidence. Each proposed finding must cite the supporting affidavit paragraphs or document pages. Any request for attorneys’ fees must include contemporaneous time records, the attorneys’ years of bar admission, hourly rates, and the legal basis for the requested fees.
The plaintiffs’ papers must include an affidavit from a person with personal knowledge establishing personal jurisdiction over the defendant and subject-matter jurisdiction. The court stated that it may conduct the damages inquiry based only on written submissions. A party requesting an evidentiary hearing must explain why written submissions are insufficient and identify the witnesses and evidence that would be presented. The plaintiffs must serve the motion papers and this order on the defendant and file proof of service by May 1. The defendant may respond by May 15.
Disposition and significance
This order set requirements and deadlines for a future default-judgment motion. It did not grant default judgment, determine liability, or award damages. The order was signed by Stewart D. Aaron, United States Magistrate Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.