Ortega Juarez et al v. Mi Mexico Mini Market & Grocery Inc. et al

Filing 30

ORDER: It is hereby Ordered that Plaintiff shall file his motion for default judgment no later than November 29, 2023. Plaintiffs motion shall include the elements of each asserted cause of action and shall demonstrate how Plaintiff's allegation s establish Defendants' liability as to each. is further Ordered that, no later than December 15, 2023, Plaintiff shall serve his motion papers, along with a copy of this Order, on Defendants and file proof of service on the docket. Defendants s hall send to Plaintiff's counsel and file with the Court their responses, if any, to Plaintiff's submissions no later than January 1, 2024. and as set forth herein. SO ORDERED., ( Motions due by 11/29/2023., Responses due by 1/1/2024) (Signed by Magistrate Judge Stewart D. Aaron on 11/15/2023) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

11/15/2023

Ruben Ortega Juarez, and on behalf of
others similarly situated,
Plaintiff,

1:23-cv-06978 (JLR) (SDA)
ORDER

-againstMi Mexico Mini Market & Grocery Inc., et
al.,
Defendants.
STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE.

By Order dated October 30, 2023, Judge Rochon referred this case to me to conduct an
inquest concerning Plaintiff’s damages. (ECF No. 19.) Plaintiff previously had served the
Complaint and Summons on Defendants on August 14, 2023, and August 15, 2023. (ECF Nos. 1215.) None of the Defendants filed an Answer or otherwise responded to the Complaint. Following
the referral, the undersigned issued an order directing Plaintiff to seek Clerk’s Certificates of
Default with respect to each Defendant against whom Plaintiff will be moving for default. (ECF
No. 20.) On November 13, 2023, Plaintiff sought Clerk’s Certificates of Default as to Defendants
Mi Mexico Mimi Market & Grocery Inc., Cecilio Lezama, Jael Lezama and Rene Lezama. (See ECF
Nos. 21-25.) On Plaintiff’s supporting papers, on November 14, 2023, the Clerk of Court entered
Clerk’s Certificates of Default as to the Defendants. (See ECF Nos. 26-29.)
It is hereby Ordered that Plaintiff shall file his motion for default judgment no later than
November 29, 2023. Plaintiff’s motion shall include the elements of each asserted cause of action
and shall demonstrate how Plaintiff’s allegations establish Defendants’ 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, Plaintiff shall file Proposed Findings of Fact and Conclusions of Law concerning
all damages and any other relief that Plaintiff seeks. 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. 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. 1
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). Plaintiff’s papers must include an
affidavit from someone with personal knowledge, setting forth the facts which establish that the

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.
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Court has both personal jurisdiction over the Defendants, and jurisdiction over the subject
matter.
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 December 15, 2023, Plaintiff shall serve his motion
papers, along with a copy of this Order, on Defendants and file proof of service on the docket.
Defendants shall send to Plaintiff’s counsel and file with the Court their responses, if any,
to Plaintiff’s submissions no later than January 1, 2024.
SO ORDERED.
Dated: November 15, 2023
New York, New York

STEWART D. AARON
United States Magistrate Judge

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