Koziar et al v. Blammo, Ltd. et al

Filing 47

ORDER: By Order dated June 4, 2024, the Hon. John. G. Koeltl, U.S.D.J., granted a default judgment against Defendants Blammo Ltd. and Jack Stars and referred this matter to me to conduct an inquest concerning Plaintiff's damages. (Dkt. 46.) Accordingly: 1. Required Submission: Plaintiff shall 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 July 3, 2024. The submissio n shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relief) is being sought, including the exact dollar amount. Plaintiff may rely on and refer to earlier filings on the docket (such as those submi tted in support of the motion for default judgment), provided those filings contain the requisite information as set forth herein and that Plaintiff identifies those filings, as further set forth. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/4/2024) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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OLEG KOZIAR and RIMMA KOZIAR,
:
:
Plaintiff,
:
:
- against :
:
BLAMMO, LTD. et al,
:
:
Defendants.
:
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6/4/2024
23-CV-7870 (JGK) (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
By Order dated June 4, 2024, the Hon. John. G. Koeltl, U.S.D.J., granted a default
judgment against Defendants Blammo Ltd. and Jack Stars and referred this matter to me
to conduct an inquest concerning Plaintiff’s damages. 1 (Dkt. 46.) Accordingly:
1.

Required Submission: Plaintiff shall 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 July 3, 2024. 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 may
rely on and refer to earlier filings on the docket (such as those submitted in support of the
motion for default judgment), provided those filings contain the requisite information as
set forth herein and that Plaintiff identifies those filings.

Defendants Andrii Suslenko and Alamas Group Europe OU had previously been
voluntarily dismissed. (Dkt. 44.)
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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.
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

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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 July 24, 2024.
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 this Order shall be made no later than 3 days following
entry. Service of the documents to be filed and served by Plaintiff on Defendant shall be
made no later than 3 days following filing, pursuant to methods of service previously
approved by the Court in this case. Plaintiff shall file proofs of service of same no later
than 3 days following the date of service.

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SO ORDERED.

______________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated:

June 4, 2024
New York, New York

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