THERESA L. SPRINGMANN, District Judge.
This matter is before the Court on a Motion for Default Judgment Against Defendant Sunscapes, Inc. Pursuant to F.R.C.P. 55(a)(2) [ECF No. 26], filed by the Plaintiff, Brian Huegel, on September 30, 2016.
The Plaintiff has sued the two entities he believes are responsible for injuries he suffered after he slipped on ice and fell in the parking lot of the Wal-Mart store located in South Bend, Indiana. The Plaintiff alleges that Defendant Wal-Mart negligently failed to maintain its parking lot in a safe condition. He also alleges that Defendant Sunscapes, Inc., was liable as the party that was employed or subcontracted to remove snow and ice from Wal-Mart's parking lot. The Plaintiff alleges that he suffered physical injuries, incurred medical expenses, and suffered pain as a result of the fall.
The Plaintiff obtained a Clerk's Entry of Default against Sunscapes pursuant to Federal Rule of Civil Procedure 55(a). When he moved for default, the Plaintiff requested that a damages hearing be postponed until trial when the liability of Defendant Wal-Mart was determined. In his Motion for Default Judgment, the Plaintiff asserts that he has settled his claim with Wal-Mart, and asks the Court to enter judgment against Sunscapes in the amount of $356,800.00.
Once the default of a party has been established for failure to plead or otherwise defend, Federal Rule of Civil Procedure 55 authorizes a party to seek and a court to enter a default judgment. As long as a plaintiff's allegations are well-pled, a default judgment, as a general rule, "`establishe[s], as a matter of law, that defendants [are] liable to plaintiff as to each cause of action alleged in the complaint.'" Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319, 1323 (7th Cir. 1983) (quoting Breuer Elec. Mfg. Co. v. Toronado Sys. of Am., Inc., 687 F.2d 182, 186 (7th Cir. 1982)); see also O' Brien v. R.J. O'Brien & Assocs., Inc., 998 F.2d 1394, 1404 (7th Cir. 1993). The party moving for a default judgment must then establish entitlement to the relief sought. In re Catt, 368 F.3d 789, 793 (7th Cir. 2004). Under Rule 54(c), a party obtaining a default judgment in its favor is not entitled to a judgment that differs in kind from or an award that exceeds the amount demanded in the pleadings. Courts must ascertain with reasonable certainty the proper amount to award as damages to the prevailing party, based upon either an evidentiary hearing or from definite figures contained in documentary evidence or in detailed affidavits. In re Catt, 368 F.3d at 793; Dundee Cement Co., 722 F.2d at 1323. "[W]here liability is joint and several, the entry of default judgment against fewer than all defendants in an action is proper, [however] a damages hearing may not be held until the liability of each defendant has been resolved." Dundee, 722 F.2d at 1324. The reason for this rule is to avoid inconsistent damage awards on a single claim involving joint and several liability. Id.
The default of Defendant Sunscapes has already been established, and, as a matter of law, it is liable to the Plaintiff on the negligence claim alleged in the Complaint. Accordingly, he is entitled to compensatory damages.
Ritter v. Stanton, 745 N.E.2d 828, 843 (Ind. Ct. App. 2001) (additional citation omitted).
The Court finds that ascertaining with reasonable certainty the proper amount of damages to award in this case requires an evidentiary hearing. The Affidavit, although it contains some details, is not accompanied by any documentary support and does not fully explain the justification for the $356,800.00 value that the Plaintiff assigns to his claim. Accordingly, the Court will refer this matter to the magistrate judge to conduct a hearing to determine the amount of damages to award the Plaintiff and to prepare a report and recommendation.
It is ORDERED that this case is referred to Magistrate Judge Michael G. Gotsch, Sr., for purposes of conducting proceedings, including a damages hearing, and submitting proposed findings of fact and recommendations for the disposition of the Plaintiff's Motion for Default Judgment Against Defendant Sunscapes, Inc. [ECF No. 26], pursuant to 28 U.S.C. § 636(b)(1)(B) and N.D. Ind. L.R. 72-1.
SO ORDERED.