Nguyen v. Embry Health of Arizona LLC et al

Filing 55

ORDER denying 52 Motion for Default Judgment. No later than December 6, 2024, plaintiff shall file a renewed motion for default judgment along with evidence supporting the amount of damages plaintiff seeks. See attached Order for complete details. Signed by Judge Krissa M Lanham on 11/22/2024. (NSH)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Khanh Nguyen,
Plaintiff,

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v.

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Embry Health of Arizona LLC, et al.,

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Defendants.

No. CV-23-00422-PHX-KML
ORDER

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On October 3, 2024, plaintiff Khanh Nguyen filed a motion for default judgment.

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That motion requests the court “enter a default judgment” against all defendants and

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“transfer the case to a magistrate judge to hold a hearing to decide damages.” (Doc. 52 at

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6.) Rule 55(b)(2) provides a court “may conduct hearings or make referrals” when it needs

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to “determine the amount of damages.” Fed. R. Civ. P. 55(b)(2). The present record does

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not establish a hearing would be appropriate.

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“[A] default judgment for money may not be entered without a hearing unless the

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amount claimed is a liquidated sum or capable of mathematical calculation.” Davis v.

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Fendler, 650 F.2d 1154, 1161 (9th Cir. 1981). But “a ‘hearing’ under this rule need not

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include live testimony,” and “may instead rely on declarations submitted by the parties, so

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long as notice of the amount requested is provided to the defaulting party.” Wecosign, Inc.

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v. IFG Holdings, Inc., 845 F. Supp. 2d 1072, 1079 (C.D. Cal. 2012). Depending on the

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needs of the case, “a court can rely on the declarations submitted by the plaintiff or order

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a full evidentiary hearing.” Philip Morris USA, Inc. v. Castworld Prod., Inc., 219 F.R.D.

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494, 498 (C.D. Cal. 2003).

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Nguyen’s current motion for default judgment does not make any effort to establish

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the appropriate amount of damages. Instead of proceeding directly to an evidentiary

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hearing, Nguyen must file a renewed motion for default judgment supported by evidence

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establishing the amount of damages he is seeking. That evidence must include a detailed

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declaration from Nguyen. The court will determine if an evidentiary hearing should be

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scheduled after reviewing that evidence.

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Accordingly,

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IT IS ORDERED the Motion for Default Judgment (Doc. 52) is DENIED. No later

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than December 6, 2024, plaintiff shall file a renewed motion for default judgment along

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with evidence supporting the amount of damages plaintiff seeks.

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Dated this 22nd day of November, 2024.

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