HOOPER v. MOSIER, 1:16-cv-01385-TWP-DML. (2016)
Court: District Court, S.D. Indiana
Number: infdco20160921960
Visitors: 12
Filed: Sep. 20, 2016
Latest Update: Sep. 20, 2016
Summary: ORDER ON MOTION FOR DEFAULT JUDGMENT ON SUM CERTAIN TANYA WALTON PRATT , District Judge . This matter is before the Court on the Plaintiff's Motion for Default Judgment on Sum Certain. The Motion (Filing No. 18) is DENIED for the following reasons: 1. The Court has denied the Plaintiff's application for an entry of default against defendant Ken Mosier. 2. A Motion for Default Judgment is premature as to defendant The Finer Details, LLC. The Court has issued an Order to The Finer Detail
Summary: ORDER ON MOTION FOR DEFAULT JUDGMENT ON SUM CERTAIN TANYA WALTON PRATT , District Judge . This matter is before the Court on the Plaintiff's Motion for Default Judgment on Sum Certain. The Motion (Filing No. 18) is DENIED for the following reasons: 1. The Court has denied the Plaintiff's application for an entry of default against defendant Ken Mosier. 2. A Motion for Default Judgment is premature as to defendant The Finer Details, LLC. The Court has issued an Order to The Finer Details..
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ORDER ON MOTION FOR DEFAULT JUDGMENT ON SUM CERTAIN
TANYA WALTON PRATT, District Judge.
This matter is before the Court on the Plaintiff's Motion for Default Judgment on Sum Certain. The Motion (Filing No. 18) is DENIED for the following reasons:
1. The Court has denied the Plaintiff's application for an entry of default against defendant Ken Mosier.
2. A Motion for Default Judgment is premature as to defendant The Finer Details, LLC. The Court has issued an Order to The Finer Details, LLC requiring it to show cause why an entry of default should not be made against it.
3. There is not a sufficient showing that the damages sought by the Plaintiff is "liquidated or capable of ascertainment from definite figures contained in the documentary evidence or in detailed affidavits." e360 Insight v. The Spamhaus Project, 500 F.3d 594, 602 (7th Cir. 2007) (allowing entry of a default judgment without a hearing on damages where these standards are met). The Plaintiff's Motion for Default Judgment is not supported by competent documentary evidence or detailed affidavits. It is supported only by a conclusory statement of the Plaintiff's attorney that the amount due is $109,953.88.
SO ORDERED.
Source: Leagle
