KNOWLEDGEAZ, INC. v. DEFOSSET et al

Filing 352

ORDER denying 215 Motion for default judgment damages. Signed by Judge Richard L. Young on 2/8/08. (CLL)

KNOWLEDGEAZ, INC. v. DEFOSSET et al

Doc. 352

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION KNOWLEDGEAZ, INC., Plaintiff, ) ) ) vs. ) ) JIM WALTER RESOURCES, INC., GUY ) HENSLEY, DENNIS SEIPEL, DANIEL ) MADDOX, NICKELLIE, LLC and ) ACTION AUTHORITY, LLC, ) Defendants. )

1:05-cv-1019- RLY-WTL

ORDER DENYING MOTION FOR DEFAULT DAMAGES WITH LEAVE TO REFILE Pursuant to the court's direction, a default was entered by the Clerk against Defendant, Nickellie, LLC, on September 8, 2006. Plaintiff, Knowlegeaz, Inc., filed a Motion For Default Judgment Damages (Docket # 215), wherein it sought to prove its damages against Nickellie, LLC. Initially, a hearing date was set for August 17, 2007. However, on August 8, 2007, Nickellie's codefendants moved to vacate the August 17, 2007, damages hearing on the grounds that determining Nickellie's damages before determining the remaining Defendants' liability was premature. Noting that the codefendants could be held jointly and severally liable, this court agreed that it would be premature to determine the default damages issue until the codefendants' liability was determined and vacated the damages hearing in an order dated August 16, 2007. At that time the court left Plaintiff's motion for default damages pending, but there has been no
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quick resolution to this lawsuit and it continues down its litigation path.

There is no need to clog the docket with a motion that has no current relevance to the litigation. Accordingly, Plaintiff's Motion For Default Judgment Damages (Docket # 215) is DENIED, with leave to refile the same following a determination of the issue of the liability of all the codefendants.

IT IS SO ORDERED, this 8th day of February 2008.

_______________________________ RICHARD L. YOUNG, JUDGE United States District Court United States District Court Souther District Indiana SouthernnDistrict ofof Indiana

RICHARD L. YOUNG, JUDGE

Electronic Copies to: Kevin M. Boyle OVERHAUSER LAW OFFICE [e-mail] Jason L. Fulk HOOVER HULL LLP [e-mail] Kandi Kilkelly Hidde BINGHAM MCHALE LLP [e-mail] John T L Koenig BARNES & THORNBURG LLP [e-mail]
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Paul B. Overhauser OVERHAUSER LAW OFFICES [e-mail] Rafael A. Sanchez BINGHAM MCHALE LLP [e-mail] Dennis Scott Schell OVERHAUSER LAW OFFICE [e-mail] Stephen Lewis Vaughan INDIANO VAUGHAN LLP [e-mail] DANIEL MADDOX 13550 Uhl Lane NW Palmyra, IN 47164

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