Antetokounmpo v. Paleo Productions LLC et al

Filing 34

ORDER: Accordingly: 1. Required Submission: Plaintiff shall serve Defendants in the manner set forth in paragraph 7 below and file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted un der the entry of default judgment no later than March 31, 2021. Plaintiff shall include with such service a copy of this Order. The submission shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relie f) is being sought, including the exact dollar amount. 2. Proposed Findings of Fact: Plaintiff's 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 Plaintiff 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 ci tation to the paragraphs of the affidavit(s) and or page of documentary evidence that supports each such Proposed Finding. Plaintiff's 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 Defendants, and jurisdiction over the subject matter. To the extent the Proposed Findings contain any allegations regarding liability, the Proposed Findings should cite to the appropriate parag raph of the complaint, as further set forth in this Order. 7. Service: Service of the documents to be served and filed by Plaintiff on Defendants shall be made at Defendants corporate address and via the New York Department of State, and shall be deemed sufficient service. 8. Courtesy Copies: A courtesy copy of any document filed with the Court shall be sent or delivered to the undersigned. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/16/2021) (mml)

Case 1:20-cv-06224-JGK-RWL Document 34 Filed 02/16/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
2/16/2021
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GIANNIS ANTETOKOUNMPO,
:
:
20-CV-6224 (JGK) (RWL)
Plaintiff,
:
:
ORDER
- against :
:
PALEO PRODUCTIONS LLC, and
:
NICK MASSIE
:
:
Defendants.
:
---------------------------------------------------------------X
ROBERT W. LEHRBURGER, United States Magistrate Judge.
The Hon. John G. Koeltl, U.S.D.J., has granted default judgment against both
Defendants and referred this matter to me to conduct an inquest concerning Plaintiff’s
damages. (Dkts. 18, 32, 33.) Accordingly:
1. Required Submission: Plaintiff shall serve Defendants in the manner set forth
in paragraph 7 below and file Proposed Findings of Fact and Conclusions of Law
concerning all damages and any other monetary relief permitted under the entry of default
judgment no later than March 31, 2021. Plaintiff shall include with such service a copy of
this Order.

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.
2. Proposed Findings of Fact: Plaintiff’s 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 Plaintiff 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

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Case 1:20-cv-06224-JGK-RWL Document 34 Filed 02/16/21 Page 2 of 3

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. Plaintiff’s 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 Defendants, and
jurisdiction over the subject matter. To the extent the Proposed Findings contain any
allegations regarding liability, the Proposed Findings should cite to the appropriate
paragraph of the complaint.
3.

Attorneys’ Fees: 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, their hourly rate, and any information
supporting the reasonableness thereof.

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.
4. Memorandum of Law: In lieu of conclusions of law, Plaintiff may submit a
memorandum of law setting forth the legal principles applicable to Plaintiff’s claim or
claims for damages (including but not limited to the legal basis for any claim for interest
or attorneys’ fees).
5. Defendants’ Response: Defendants shall send to Plaintiff’s counsel and file
with the Court its response, if any, to Plaintiff’s submissions no later than April 14, 2021.
6. Hearing: The Court may conduct this inquest based solely upon the written
submissions of the parties. See Bricklayers & Allied Craftworkers Local 2, Albany, N.Y.

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Case 1:20-cv-06224-JGK-RWL Document 34 Filed 02/16/21 Page 3 of 3

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.
7. Service: Service of the documents to be served and filed by Plaintiff on
Defendants shall be made at Defendants’ corporate address and via the New York
Department of State, and shall be deemed sufficient service.
8. Courtesy Copies: A courtesy copy of any document filed with the Court shall
be sent or delivered to the undersigned.
SO ORDERED.

______________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated:

New York, New York
February 16, 2021

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