Filed: Jul. 27, 2018
Latest Update: Jul. 27, 2018
Summary: ORDER JOHN MICHAEL VAZGUEZ , District Judge . This matter arises from the alleged breach of a franchise agreement. Before the Court is Plaintiff Ramada Worldwide Inc.'s ("Plaintiff') renewed motion for default judgment. D.E 15. Plaintiff previously submitted an unopposed motion for default judgment. D.E. 12. The Court's June 25, 2018 Opinion addressed Plaintiffs previous motion for default. D.E. 13. 1 The Court found that Plaintiff had sufficiently proven liability but not damages. Specif
Summary: ORDER JOHN MICHAEL VAZGUEZ , District Judge . This matter arises from the alleged breach of a franchise agreement. Before the Court is Plaintiff Ramada Worldwide Inc.'s ("Plaintiff') renewed motion for default judgment. D.E 15. Plaintiff previously submitted an unopposed motion for default judgment. D.E. 12. The Court's June 25, 2018 Opinion addressed Plaintiffs previous motion for default. D.E. 13. 1 The Court found that Plaintiff had sufficiently proven liability but not damages. Specifi..
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ORDER
JOHN MICHAEL VAZGUEZ, District Judge.
This matter arises from the alleged breach of a franchise agreement. Before the Court is Plaintiff Ramada Worldwide Inc.'s ("Plaintiff') renewed motion for default judgment. D.E 15. Plaintiff previously submitted an unopposed motion for default judgment. D.E. 12. The Court's June 25, 2018 Opinion addressed Plaintiffs previous motion for default. D.E. 13.1 The Court found that Plaintiff had sufficiently proven liability but not damages. Specifically, the Court found that Plaintiff provided no explanation for how it calculated, and appeared to miscalculate, the interest sought on the Recurring Fees. June 25, 2018 Opinion ("June Op.") at 12. Additionally, Plaintiff did not request a specific amount of attorney's fees. Id. Therefore, the Court denied Plaintiffs motion for default but gave Plaintiff leave to file an amended motion curing the noted deficiencies. D.E. 14.
Plaintiff timely filed the amended motion for default judgment, currently pending before the Court. In the amended motion, Plaintiff provides sufficient evidence as to the amount of outstanding Recurring Fees owed ($165,302.70) and the amount of interest owed on those fees ($36,748.62). Affidavit of Suzanne Fenimore ("Fenirnore Aff.") ¶¶ 19-26 & Fenimore Aff., Ex. D. at 7; D.E. 15-3. However, Plaintiff, again, fails to request a specified amount of attorney's fees. The Court reiterates that Plaintiff must submit adequate proof of its claimed attorney's fees and the reasonableness of the requested amount before the Court can grant Plaintiff relief.
For these reasons, and for good cause shown,
IT IS on this 27th day of July, 2018,
ORDERED that Plaintiffs renewed motion for default judgment (D.E. 15) is GRANTED in part and DENIED in part; and it is further
ORDERED that Plaintiffs motion is GRANTED as to Defendants' liability; and it is further
ORDERED that Plaintiffs motion is GRANTED as to the $290,310.31 in damages (inclusive of Recurring Fees, liquidated damages, and interest) sought against Defendants; and it is further
ORDERED that Plaintiffs motion is DENIED without prejudice as to attorney's fees; and it is further
ORDERED that Plaintiff has seven (7) days to request a specified amount of attorney's fees and submit adequate proof that its claimed attorney's fees are reasonable or the denial of attorney's fees shall be with prejudice.
