MORALES
v.
AS SPECIFIED, INC.
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This is a damages quantification order following an evidentiary hearing in a civil case against As Specified, Inc. and Iron Wood Ventures, LLC. The court directs the plaintiff to file post-hearing briefing addressing bankruptcy proceedings affecting one defendant, conflicting testimony that may impact the validity of the default judgment, attribution of damages claims to remaining defendants, and quantification of attorneys' fees and costs.
The court orders the plaintiff to file post-hearing briefing within thirty days addressing: (1) the effect of bankruptcy proceedings on the case and damages quantification; (2) whether conflicting testimony impacts the validity of the default judgment and damages; (3) what evidence supports damages claims against the remaining defendants rather than non-party individuals; and (4) quantification of attorneys' fees and costs.
[1] A court may order post-hearing briefing to address specific issues relevant to damages quantification, including the impact of related bankruptcy proceedings.
[2] Conflicting testimony presented at an evidentiary hearing may necessitate an analysis of its effect on the validity of a default judgment and the quantification of damage…
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Join FLexlaw to unlock all legal intelligence“The implication of testimony at the evidentiary hearing that contradicted the allegations of the complaint, Doc. No. 1, e.g., ¶ 32, 35, 36. Plaintiff shall address whether such conflicting testimony has an effect on the validity of the default judgment entered in Plaintiff's favor, see Doc. Nos. 51, 52, and the impact, if any, on the quantification of damages.”
Establishes that contradictory testimony may undermine the default judgment and plaintiff must address whether it affects the damages award
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Join FLexlaw to unlock all legal intelligenceA default judgment was entered in favor of Plaintiff against Defendants As Specified, Inc. and Iron Wood Ventures, LLC. An evidentiary hearing on dama…
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This cause comes before the Court following an evidentiary hearing on Plaintiff's damages. See Doc. Nos. 53, 66; see also Doc. No. 52. As set forth on the record at the hearing, it is ORDERED that within thirty (30) days of the date of this Order, Plaintiff shall file post-hearing briefing, not to exceed thirty (30) pages in length. The post-hearing briefing must specifically address:
1. The effect of ongoing bankruptcy proceedings involving Defendant As Specific, Inc., see Case No. 6:24-bk-04465-TPG, on this case as a whole and Plaintiff's pending request for damages quantification. This should include a report on the status of the bankruptcy proceedings.
2. The implication of testimony at the evidentiary hearing that contradicted the allegations of the complaint, Doc. No. 1, e.g., ¶¶ 32, 35, 36. Plaintiff shall address whether such conflicting testimony has an effect on the validity of the default judgment entered in Plaintiff's favor, see Doc. Nos. 51, 52, and the impact, if any, on the quantification of damages.
3. The evidence and testimony that can be specifically attributed to the claim for damages as to the Defendants remaining in this case and subject to default judgment (As Specified, Inc. and Iron Wood Ventures, LLC), as the hearing testimony primarily focused on conduct by persons no longer parties to this case (Drew Roan and Nichol Roan).
4. Quantification of attorneys' fees and costs through the date of the hearing, with citation to appropriate evidence and legal authority in support. See Norman v. Housing Auth. of the City of Montgomery, 836 F. 2d 1292, 1303 (11th Cir. 1988).
DONE and ORDERED in Orlando, Florida on April 29, 2025.
Uslis Horan Price LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to: Counsel of Record Unrepresented Parties
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- Norman v. The Hous. Auth. OF the City OF Montgomery, 836 F.2d 1292 (11th Cir. 1988)