Moonbug Entertainment Limited v. 6383702 et al.

Filing 37

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 unde r the entry of default judgment no later than June 6, 2022. 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, as further set forth herein. (Signed by Magistrate Judge Robert W. Lehrburger on 5/9/2022) (mml)

Case 1:21-cv-04311-PGG-RWL Document 37 Filed 05/09/22 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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MOONBUG ENTERTAINMENT LIMITED,
:
:
Plaintiff,
:
:
- against :
:
6383702, et al.,
:
:
Defendants.
:
---------------------------------------------------------------X

5/9/2022
21-CV-4311 (PGG) (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
By Order dated May 6, 2022, the Hon. Paul G. Gardephe, U.S.D.J., granted a
default judgment against Defendants 6383702, 9654956, airina4uairina4u, bingohere4u,
blessernn, ciaociaostore_1, classymissy, creat_kelly, dreamaker1201, fzshengmaoxin,
gatheringretail, gkever2016, jackinthebox02, jfbchupmei, johlevi94, lazycorner, longjfli1,
lvxingjiatravel2016,
naturalift_beauty,

mariocostume,
prettyclotha,

markcondor,

shengxinyide2021new,

meilianduotoa,
shihengtrad,

mwzuk,
spring2010,

thinkingtimew, tianchuangbuild04, tomasocostume, toycity02, xueme28, yhzb520,
yiheyh, zbyh1314, and referred this matter to me to conduct an inquest concerning
Plaintiff’s damages. 1 (Dkt. 35.) 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 June 6, 2022. Plaintiff shall include with such service a copy of
Defendant toyschina2011 had previously been voluntarily dismissed. (Dkts. 16-17.)
Claims against Defendant luomeikit were dismissed without prejudice. (Dkt. 35.)
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Case 1:21-cv-04311-PGG-RWL Document 37 Filed 05/09/22 Page 2 of 4

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
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 defendant, 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.

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Case 1:21-cv-04311-PGG-RWL Document 37 Filed 05/09/22 Page 3 of 4

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. Defendant’s Response: Defendant shall send to Plaintiff’s counsel and file
with the Court its response, if any, to Plaintiff’s submissions no later than June 20, 2022.
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.
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 filed and served by Plaintiff on
Defendant shall be made no later than 5 days following entry of this order, pursuant to
methods of service previously approved by the Court in this case. Plaintiff shall file proof
of service of same no later than 5 days following the date of service.

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Case 1:21-cv-04311-PGG-RWL Document 37 Filed 05/09/22 Page 4 of 4

SO ORDERED.

______________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated:

May 9, 2022
New York, New York

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