Cross v. Gary City of et al

Filing 47

OPINION AND ORDER The Motion for Entry of Judgment 42 is TAKEN UNDER ADVISEMENT. The Court ORDERS that this case is referred to Magistrate Judge Andrew Rodovich for purposes of conducting proceedings, including a damages hearing if necessary, and s ubmitting proposed findings of fact and recommendations for the disposition of the Plaintiff's 42 Motion for Entry of Judgment, pursuant to 28 U.S.C. § 636(b)(1)(B) and N.D. Ind. L.R. 72-1(b). Signed by Chief Judge Theresa L Springmann on 12/3/19. (kjp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
PRINCESS CROSS,
Plaintiff,
vs.
THE CITY OF GARY and
OFFICER HUDSON,
Defendants.

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CAUSE NO.: 2:17-CV-389-TLS

OPINION AND ORDER
This matter is before the Court on Plaintiff’s Amended Motion for Default Judgment [ECF
No. 42] against Defendant Officer Hudson. Plaintiff Princess Cross filed her Complaint [ECF No.
1] on October 7, 2017. On January 25, 2018, Plaintiff effectuated service through a private
detective on Defendant Hudson by leaving a summons with Defendant Hudson’s mother at his
residence and by mailing the summons to that same address. Accordingly, Defendant Hudson had
until February 15, 2018, to file an Answer or otherwise respond to the Complaint. Fed. R. Civ. P.
12(a)(1)(A)(i). Defendant Hudson failed to do so, and, on September 14, 2018, the Clerk of Court
entered a Clerk’s Entry of Default [ECF No. 33] against Defendant Hudson. Plaintiff has requested
compensatory and punitive damages, as well as attorney fees, in the amount of $150,000 in this
matter. Plaintiff has not yet submitted any evidence to support this amount of damages.
“Upon default, the well-pleaded allegations of a complaint relating to liability are taken as
true.” Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319, 1323 (7th Cir.
1983). However, “the allegations in the complaint with respect to the amount of the damages are
not deemed true.” In re Catt, 368 F.3d 789, 793 (7th Cir. 2004). Therefore, with damages at this
stage indeterminate and unsupported by evidence, the Court cannot enter a default judgment at this
time.

Federal Rule of Civil Procedure 55(b)(2) states that “[t]he court may conduct hearings or
make referrals . . . when, to enter or effectuate judgment, it needs to: (A) conduct an accounting;
(B) determine the amount of damages; (C) establish the truth of any allegation by evidence; or (D)
investigate any other matter.” Fed. R. Civ. P. 55(b)(2).
For these reasons, the Motion for Entry of Judgment [ECF No. 42] is TAKEN UNDER
ADVISEMENT. The Court ORDERS that this case is referred to Magistrate Judge Andrew
Rodovich for purposes of conducting proceedings, including a damages hearing if necessary, and
submitting proposed findings of fact and recommendations for the disposition of the Plaintiff’s
Motion for Entry of Judgment [ECF No. 42], pursuant to 28 U.S.C. § 636(b)(1)(B) and N.D. Ind.
L.R. 72-1(b).
SO ORDERED on December 3, 2019.
s/ Theresa L. Springmann
CHIEF JUDGE THERESA L. SPRINGMANN
UNITED STATES DISTRICT COURT

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