Hubler v. Strategic Student Solutions LLC

Filing 12

ORDER removing the jury trial scheduled in this action from the trial calendar. The Court directs Mr. Hubler to present evidence of damages either by affidavit or at an evidentiary hearing pursuant to the terms of Rule 55(b) (2)(A)-(D). The Court di rects the Clerk of Court to provide Strategic a copy of this Order via U.S. mail sent to Strategics address listed on CM/ECF. The Court directs Mr. Hubler to indicate to the Court within 14 days from the entry of this Order whether he prefers to submit evidence of damages by affidavit or at an evidentiary hearing. Signed by Judge Kristine G. Baker on 6/9/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CHRISTOPHER HUBLER
v.

PLAINTIFF
Case No. 3:16-cv-107-KGB

STRATEGIC STUDENT
SOLUTIONS LLC

DEFENDANT
ORDER

Based on this this Court’s Final Scheduling Order, jury trial in this action is scheduled to
begin June 19, 2017 (Dkt. No. 3). For the following reasons, the Court, sua sponte, removes the
jury trial scheduled in this action from its trial calendar.
While the Clerk of Court has entered a default pursuant to Federal Rule of Civil Procedure
55(a), such entry does not amount to entry of default judgment pursuant to Rule 55(b)(1). Rule
55(b)(1) provides that the Clerk of Court may enter default judgment only when a plaintiff’s claim
is for a sum certain or a sum that can be made certain by computation as evidenced by “an affidavit
showing the amount due.” Fed. R. Civ. P. 55(b)(1).
Plaintiff Christopher Hubler did not present such an affidavit in his motion for entry of
default (Dkt. No. 10). Thus, the Court does not construe the claim as establishing a “sum certain
or a sum that can be made certain by computation.” Fed. R. Civ. P. 55(b)(1). Because the Clerk
of Court may not enter default judgment in favor of Mr. Hubler pursuant to Rule 55(b)(1), Mr.
Hubler must apply to the Court for entry of default judgment. Fed. R. Civ. P. 55(b)(2).
Rule 55(b)(2) provides that the Court may conduct a hearing when it needs to determine
the amount of damages in the event of an entry of default. The Court directs Mr. Hubler to present
evidence of damages either by affidavit or at an evidentiary hearing pursuant to the terms of Rule
55(b)(2)(A)-(D).

The Court acknowledges that defendant Strategic Student Solutions LLC

(“Strategic”) is an unrepresented party. Strategic does not appear to have an email address
registered with CM/ECF. The Court directs the Clerk of Court to provide Strategic a copy of this
Order via U.S. mail sent to Strategic’s address listed on CM/ECF.
The Court directs Mr. Hubler to indicate to the Court within 14 days from the entry of this
Order whether he prefers to submit evidence of damages by affidavit or at an evidentiary hearing.
If Mr. Hubler would prefer to submit proof through affidavit, then it should be done by submitting
a formal filing to the Court. Alternatively, if Mr. Hubler would prefer an evidentiary hearing, then
the Court would direct Mr. Hubler to communicate with the Court’s courtroom deputy regarding
scheduling. The Court notes that, should an attorney enter an appearance on behalf of Strategic,
then through counsel Strategic may demand that Mr. Hubler present evidence of damages not by
affidavit, but instead at an evidentiary hearing, where any evidence of damages would be subject
to cross-examination.
It is so ordered this the 9th day of June, 2017.

__________________________
Kristine G. Baker
United States District Judge

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