Kool Smiles PC v. Sharks

Filing 4

ORDER granting in part and denying in part 3 Motion for Default Judgment. The Clerk is directed to enter a Clerk's Default in this matter. The deft has up to and including 14 days from the entry date of this Order to notify the Court if he desires to be heard on the issue of damages; otherwise, the Court will enter judgment against Dr. Eric Sharks in the amount of $102,321.95. The Clerk is directed to mail a copy of this Order and the plaintiff's motion for default judgment with exhibits to Dr. Sharks be regular mail and by certified mail, return receipt requested. Signed by Judge Susan Webber Wright on 12/7/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
KOOL SMILES PC,
Plaintiff,
vs.
DR. ERIC SHARKS,
Defendant.

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No. 4:10CV01166 SWW

ORDER
Plaintiff filed its complaint in this matter on August 24, 2010, alleging breach of contract,
unjust enrichment, fraud, and conversion against defendant Dr. Eric Sharks. Plaintiff now has filed
a request to the clerk for entry of default. Plaintiff states that Dr. Sharks was personally served on
August 30, 2010, and the time for filing an answer to the complaint has expired. Therefore, the Clerk
will be directed to enter a Clerk’s Default in this matter pursuant to Rule 55(a) of the Federal Rules
of Civil Procedure.
Plaintiff also filed a motion for default judgment pursuant to Rule 55(b)(2), requesting that
the Court enter default judgment against Dr. Sharks for $102,321,95 in damages, fees, and costs.1
According to the certificate of service, plaintiff mailed a copy of the motion to defendant. Although
Dr. Sharks has not made an appearance in this case, the Court finds that before a money judgment
is entered against him, he should receive an opportunity to be heard on the issue of damages.2
Accordingly, the Court will direct the Clerk to mail Dr. Sharks a copy of the motion and this Order.

1

Plaintiff seeks $81,411.43 in compensatory damages, $10,000.00 in punitive damages, $910.52
in default interest, and $10,000.00 in fees and costs.
2

Because Dr. Sharks has defaulted, the factual allegations in the complaint, with the exception of
damages, are taken as true.

IT IS THEREFORE ORDERED that the motion [docket entry 3] is granted in part. The
Clerk is directed to enter a Clerk’s Default in this matter pursuant to Fed.R.Civ.P. 55(a).
IT IS FURTHER ORDERED that defendant has up to and including fourteen (14) days from
the date of entry of this Order to notify the Court if he desires to be heard on the issue of damages.
Otherwise, the Court will enter judgment against Dr. Eric Sharks in the amount of $102,321.95.
The Clerk is directed to mail a copy of this Order and the plaintiff’s motion for default
judgment with exhibits to Dr. Sharks by (1) regular mail and (2) certified mail, return receipt
requested.
DATED this 7th day of December, 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE