em ELECTRONICALLY FILE UNITED STATES DISTRICT COURT DOC #: ee eee [pater □□□□ SEACUBE CONTAINERS LLC, ORDER 19 Civ. 10201 (AKH) v. : PT LINTAS KUMALA ABADI, . Defendant. i ee ee ae ee, ALVIN K. HELLERSTEIN, U.S.D.J.: On November 3, 2019, Plaintiff SeaCube Containers LLC (“SeaCube’”’) filed this action, alleging breach of contract against Defendant PT Lintas Kumala Abadi (“PT Lintas”), to wit: a contract whereby PT Lintas agreed to lease ocean containers from Seacube for use on or with ocean-going vessels that PT Lintas owns or operates. See generally ECF No. 1. PT Lintas has not appeared in this case, and a certificate of default has been issued against it. See ECF No. 11. SeaCube now moves for a default judgment under Federal Rule of Civil Procedure 55. See ECF No. 13. For the reasons that briefly follow, the Court requires additional information before it can enter a default judgment that calculates damages against PT Lintas. When “a defendant has failed to plead or otherwise defend a lawsuit, that defendant is in default and is deemed, for the purposes of liability, to have admitted all well- pleaded allegations in the complaint.” See American Steamship Owners Mutual Protection & Indemnity Association, Inc. v. Triumph Maritime Ltd., 18-cv-8615,

, at *2 (S.D.N.Y. Nov. 26, 2019) (“ASOMP”) (quotation marks omitted). However, “[i]n contrast to the facts supporting liability, . . . the amount of damages alleged in the complaint are not deemed true in the event of a default.” Jd. (quotation marks omitted). Instead, “the court must conduct

an inquiry in order to ascertain the amount of damages with reasonable certainty” by, inter alia, “assessing plaintiff's evidence supporting the damages.” Jd. (quotation marks omitted). In order to facilitate the Court’s undertaking of such an assessment, SeaCube is hereby ordered to, within two weeks of the issuance of this order, make a submission to the Court that contains, at least, the following: 1. Acopy of the lease referenced in the Complaint, see ECF No. 1, at ¥ 5, along with any subsequent amendments and renewals thereof. 2. Attorney time records that account for the $14,706 in requested attorneys’ fees. See, e.g., ASOMP,

, at *4 (“The party seeking attorneys’ fees generally must submit ‘contemporaneous time records indicating, for each attorney, the date, the hours expended, and the nature of the work done.’”) (quoting Scott v. City of New York,

(2d Cir. 2010)); see also New York State Ass'n for Retarded Children, Inc. v. Carey,

(2d Cir. 1983). 3. An explanation as to the discrepancy between the Complaint and the motion for default judgment. Namely, the Complaint seeks $785,000 in replacement value for the shipping containers, see ECF No. 1, at 7, and $520,278 in outstanding lease amounts owed, see

at § 8, whereas the motion for default judgment and accompanying affidavit from SeaCube’s general counsel seek $843,408 in replacement value for the shipping containers, see ECF No. 13-1, at J 8, and $511,351.88 in outstanding lease amounts owed, see id. at] 7. See Fed. R. Civ. P. 54(c) (“A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings.”).

SO ORDERED. Dated: February 3 , 2020 L he. ? A eS New York, New York ALVIN K. HELLERSTEIN United States District Judge