Kadylak et al v. Royal Caribbean Cruise, LTD. et al

Filing 115

ORDER granting 113 114 Motions for Default Judgment on Liability against Defendants Entertainment & Travel Alternatives, Inc. and Sergey Denisov and setting jury trial on non-liquidated damages. Miscellaneous Deadline 6/8/2017. Calendar Call set for 7/5/2017 09:00 AM in Miami Division before Judge Robert N. Scola Jr.. Jury Trial set for 7/10/2017 09:00 AM in Miami Division before Judge Robert N. Scola Jr. Signed by Judge Robert N. Scola, Jr. on 5/19/2017. (jle)

United States District Court
for the
Southern District of Florida
John Kadylak and Sandy Kadylak,
Plaintiffs

)
)
)
v.
) Civil Action No. 14-24149-Civ-Scola
)
)
Royal Caribbean Cruise, LTD., et
)
al., Defendants
Order Granting Default Judgment on Liability
The Plaintiff has moved for default judgments on the issue of liability
against Defendants Entertainment & Travel Alternatives, Inc. and Sergey
Denisov under Federal Rule of Civil Procedure 55(b)(2), and has requested that
the Court set this case for a trial on damages. (ECF Nos. 113, 114.) Previously,
the Clerk of the Court entered defaults against Defendants Entertainment &
Travel Alternatives, Inc. and Denisov under Rule 55(a). (ECF Nos. 111, 112.) “A
defendant, by his default, admits the plaintiff’s well-pleaded allegations of fact,”
as set forth in the operative complaint. Eagle Hosp. Physicians, LLC v. SRG
Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir. 2009). Therefore, the Court
hereby enters default judgments on the issue of liability against Defendants
Entertainment & Travel Alternatives, Inc. and Sergey Denisov.
With respect to damages, a court may award damages by default judgment
“without a hearing [if the] amount claimed is a liquidated sum or one capable of
mathematical calculation,” as long as “all essential evidence is already of record.”
S.E.C. v. Smyth, 420 F.3d 1225, 1231, 1232 n.13 (11th Cir. 2005) (quoting
Adolph Coors Co. v. Movement Against Racism & the Klan, 777 F.2d 1538, 1544
(11th Cir. 1985)). The Complaint demands a jury trial and requests damages for
past and future medical expenses, lost wages, loss of earning capacity, physical
pain, loss of enjoyment of life, disability, disfigurement, physical handicap, and
pain and suffering (ECF No. 1). The Plaintiffs have not filed any affidavits or
documents related to damages. (See Mot.’s for Default J., ECF Nos. 113, 114.)
Rather, the Plaintiffs’ motions for default judgment request a trial on damages.
(Id.) “When a plaintiff demands a jury trial, the defendant is entitled to a jury
trial on unliquidated damages, regardless of whether default judgment has been
entered against the defendant.” Loos v. Club Paris, LLC, 684 F.Supp.2d 1328,
1336 (M.D. Fla. 2010) (citations omitted) (noting that a demand for a jury trial
may not be withdrawn without the consent of the parties); see also Griffin v.
Swim-Tech Corp., 722 F.2d 677, 679 (11th Cir. 1984) (noting that the trial court

awarded a default judgment on the issue of liability and held a jury trial on
damages); Odes v. Harris, No. 12-61561, 2015 WL 11142893 (S.D. Fla. July 27,
2015) (Scola, J.) (granting default judgment on liability and compensatory
damages and setting jury trial for determination of non-liquidated and punitive
damages).
Since the Court can award liquidated damages by default judgment
without a hearing if the essential evidence is in the record, the Court directs the
Plaintiffs to file affidavits of the liquidated damages due for the Plaintiffs’ past
medical expenses and lost wages, and any other supporting documentation
necessary to determine the Plaintiffs’ measure of liquidated damages. The Court
will conduct a jury trial on the issue of non-liquidated damages.
Accordingly, the Court orders that:
1.
2.

3.

Default judgment is entered against Defendants Entertainment &
Travel Alternatives, Inc. and Sergey Denisov on the issue of liability.
The Plaintiffs shall submit affidavits and any other supporting
documentation necessary to determine the Plaintiffs’ measure of
liquidated damages on or before June 8, 2017.
A jury trial is set in this matter on the issue of non-liquidated
damages during the two-week trial period beginning on July 10,
2017. Calendar call will be held at 9:00 AM on the preceding
Wednesday, July 5, 2017, at the Wilkie D. Ferguson, Jr. United
States Courthouse, 400 N. Miami Avenue, Courtroom 12-3, Miami,
Florida.

Done and ordered in chambers, at Miami, Florida, on May 19, 2017.
________________________________
Robert N. Scola, Jr.
United States District Judge
Copies to:
Entertainment & Travel Alternatives, Inc.
c/o Steven Wallach
505 Jocelyn Hollow Court
Nashville, TN 37205
Sergey Denisov
Obilnaya 46-A str.
65049
Odessa
Ukraine