HOOPER v. MOSIER et al

Filing 23

ORDER ON MOTION FOR DEFAULT JUDGMENT ON SUM CERTAIN - This matter is before the Court on the Plaintiff's Motion for Default Judgment on Sum Certain. The Motion (Filing No. 18) is DENIED for the following reasons: **SEE ORDER** Copy to Defendants via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/20/2016. (JLS)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION JACK HOOPER, Plaintiff, vs. KEN MOSIER and THE FINER DETAILS LLC, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 1:16-cv-01385-TWP-DML ORDER ON MOTION FOR DEFAULT JUDGMENT ON SUM CERTAIN This matter is before the Court on the Plaintiff’s Motion for Default Judgment on Sum Certain. The Motion (Filing No. 18) is DENIED for the following reasons: 1. The Court has denied the Plaintiff’s application for an entry of default against defendant Ken Mosier. 2. A Motion for Default Judgment is premature as to defendant The Finer Details, LLC. The Court has issued an Order to The Finer Details, LLC requiring it to show cause why an entry of default should not be made against it. 3. There is not a sufficient showing that the damages sought by the Plaintiff is “liquidated or capable of ascertainment from definite figures contained in the documentary evidence or in detailed affidavits.” e360 Insight v. The Spamhaus Project, 500 F.3d 594, 602 (7th Cir. 2007) (allowing entry of a default judgment without a hearing on damages where these standards are met). The Plaintiff’s Motion for Default Judgment is not supported by competent documentary evidence or detailed affidavits. It is supported only by a conclusory statement of the Plaintiff’s attorney that the amount due is $109,953.88. SO ORDERED. Date: 9/20/2016 Distribution: All ECF-registered counsel of record by email through the court’s ECF system Service by first class U.S. mail on: Ken Mosier 121 Commerce Drive, Suite 102 Danville, IN 46122 Ken Mosier 1447 Janetta Ct. Danville, IN 46122 The Finer Details, LLC 2001 E. Main Street Danville, IN 46122 2

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