The opinion
ona
DOCUMENT
UNITED STATES DISTRICT COURT ELECTRONICALLY FILED
SOUTHERN DISTRICT OF NEW YORK DOC Ho
DATE FILED: 4/10/2024
Board of Trustees of the I.A.1.S.E. Annuity
Fund et al.,
1:24-cv-00019 (GHW) (SDA
Plaintiffs, v (
. ORDER
-against-
National Convention Services, LLC,
Defendant.
STEWART D. AARON, United States Magistrate Judge:
Plaintiffs filed the Complaint in this action on January 2, 2024. (Compl., ECF No. 1.) On
January 3, 2024, this action was referred to the undersigned for general pretrial and dispositive
motions. (Referral Order, ECF No. 6.) Defendant was served with the Summons and Complaint
on January 25, 2024. (See Summons Returned Executed, ECF No. 7.) Defendant thereafter failed
to timely enter an appearance in this action.
On March 26, 2024, the Court entered an Order stating that, if Defendant did not appear
by April 2, 2024, Plaintiffs were to seek a certificate of default from the Clerk of Court no later
than April 9, 2024. (3/26/24 Order, ECF No. 10.) A Clerk’s Certificate of Default was entered on
April 8, 2024. (Clerk’s Cert. Of Default, ECF No. 15.)
Accordingly, it is hereby Ordered that Plaintiffs shall file a motion for default judgment no
later than May 1, 2024. Plaintiffs’ motion shall include the elements of each asserted cause of
action and shall demonstrate how Plaintiffs’ allegations establish Defendant’s liability as to each.
See, e.g., LG Capital Funding, LLC v. FLASR, Inc., 422 F. Supp. 3d 611, 623 (E.D.N.Y. 2018) (“With
respect to liability, a defendant’s default does no more than concede the complaint’s factual
allegations; it remains the plaintiff’s burden to demonstrate that those uncontroverted
allegations, without more, establish the defendant’s liability on each asserted cause of action.”).
In addition, Plaintiffs shall file Proposed Findings of Fact and Conclusions of Law
concerning all damages and any other relief that Plaintiffs seek. The submission shall contain a
concluding paragraph that succinctly summarizes what damage amount (or other monetary
relief) is being sought, including the exact dollar amount. Plaintiffs’ Proposed Findings of Fact
should specifically tie the proposed damages figure to the legal claim(s) on which liability has
been established; should demonstrate how Plaintiffs arrived at the proposed damages figure;
and should be supported by one or more affidavits, which may attach any documentary evidence
establishing the proposed damages. Each Proposed Finding of Fact shall be followed by a citation
to the paragraphs of the affidavit(s) and or page of documentary evidence that supports each
such Proposed Finding.1
In lieu of conclusions of law, Plaintiffs may submit a memorandum of law setting forth the
legal principles applicable to Plaintiffs’ claim or claims for damages (including but not limited to
the legal basis for any claim for interest or attorneys’ fees). Plaintiffs’ papers must include an
affidavit from someone with personal knowledge, setting forth the facts which establish that the
Court has both personal jurisdiction over the Defendant and jurisdiction over the subject matter.
1 Any request for attorneys’ fees must be supported by contemporaneous time records showing, for each
attorney, the date of service, the hours expended, and the nature of the work performed. Counsel should
also provide the number of years they have been admitted to the bar and their hourly rate. Finally, the
Conclusions of Law shall include a paragraph or paragraphs setting forth the legal basis for any requested
award of attorneys’ fees, including why, if applicable, the number of attorneys involved are entitled to
fees.
The Court hereby notifies the parties that it may conduct the damages inquest based
solely upon the written submissions of the parties. See Bricklayers & Allied Craftworkers Local 2,
Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182, 189 (2d Cir. 2015)
(quoting Action S.A. v. Marc Rich & Co., 951 F.2d 504, 508 (2d Cir. 1991)); Cement & Concrete
Workers Dist. Council Welfare Fund, Pension Fund, Annuity Fund, Educ. & Training Fund & Other
Funds v. Metro Found. Contractors Inc., 699 F.3d 230, 234 (2d Cir. 2012) (citation omitted). To
the extent that any party seeks an evidentiary hearing on the issue of damages, such party must
set forth in its submission the reason why the inquest should not be conducted based upon the
written submissions alone, including a description of what witnesses would be called to testify at
a hearing and the nature of the evidence that would be submitted.
It is further Ordered that, no later than May 1, 2024, Plaintiffs shall serve its motion
papers, along with a copy of this Order, on Defendant and file proof of service on the docket.
Defendant shall send to Plaintiffs’ counsel and file with the Court its response, if any, to Plaintiffs’
submissions no later than May 15, 2024.
SO ORDERED.
Dated: New York, New York
April 10, 2024 dt On
rick A.
STEWART D. AARON
United States Magistrate Judge