M C R Marketing L L C v. Regency Worldwide Development L L C et al

Filing 87

MEMORANDUM RULING re 41 MOTION for Default Judgment as to Regency Worldwide Services, Inc. filed by M C R Marketing L L C, 40 MOTION for Default Judgment as to International Terminal, Inc., Michael Loggins and Felipe Teran filed by M C R Marketing L L C. Signed by Judge Tom Stagg on 5/29/09. (crt,Alexander, E)

REC E1VCD USD0, WESTERN DSTR!CT EW LA. TONY B. MQC~c.CLERK
DATE _LL--

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION MCR MARKETING, L.L.C. versus REGENCY WORLDWIDE SERVICES, L.L.C., ET AL. MEMORANDUM RULING Before the court are two motions for default judgment filed by the plaintiff, MCR Marketing, L.L.C. ("MCR") pursuant to Rule 55 of the Federal Rules of Civil Procedure. See Record Documents 40 and 41. In the first, MRC seeks a default judgment against International Terminal Inc. ("ITI"), Felipe Teran ("Teran"), and Michael Loggins ("Loggins"). See Record Document 40. In the second, MCR seeks a default judgment against Regency Worldwide Services, Inc. ("Regency"). S&~ Record Document 41. Based on the following, MCR's first motion for default judgment is GRANTED in part and DENIED in part and MCR's second motion for default judgment is GRANTED. BACKGROUND' On August 6, 2008, MRC filed its federal complaint against ITT, Teran, CIVIL NO. 08-1137 JUDGE TOM STAGG

1A more detailed narration of the facts can be found in this court's prior memorandum ruling dated March 18, 2009. .Scc Record Document 64.

Loggins, Regency, Terry Hester ("Hester") and Thomas Finlay ("Finlay").

S&c 5,

Record Document 1. Although Hester and Finlay responded with a Rule 12(b) motion, the other defendants failed to respond to the complaint. On December

2008, MCR returned executed waivers of service signed by Regency, Loggins, ITI, and Teran. ~ Record Documents 17-20. Nevertheless, these defendants failed to

answer or file Rule 12(b) motions. On December 30, 2008, the Clerk of Court filed an entry of default against these parties into the record. $&~ ecord Document 37. R After waiting the required ten days, MRC filed its two motions for default judgment against Regency, Loggins, ITI, and Teran. The following day, Loggins attempted to answer but the clerk's office rejected the answer as an impermissible filing.2 ~ Record Documents 43 and 44. Loggins

then filed a motion to set aside the entry of default.

$~ ecord Document 52. In a R $~ ecord R

March 17, 2009 order, this court granted Loggins' motion to set aside the entry of default and his answer was immediately docketed into the record. Documents 60 and 61. the complaint. ANALYSIS A. Statement Of Damages. "If the plaintiffs claim is for a sum certain or a sum that can be made certain by computation, the clerk
-- --

To date, Regency, ITI, and Teran have failed to respond to

on the plaintiff's request, with an affidavit showing the

amount due must enter judgment for that amount and costs against a defendant who 2The only pleading permissible from a party in default is a motion to set aside the default.

has been defaulted for not appearing and who is neither a minor nor an incompetent person." Fed. R. Civ. Pro. 55(b)(l). "In all other eases, the party must apply to the court for a default judgment." Fed. R. Civ. Pro. 55(b)(2). MCR's motions for default judgment were referred to the clerk's office. MCR provided the court with a sworn statement of damages, which includes $87,720.00 for lost wages, $1,347.56 for legal fees, $3,826,124.00 for lost profits, $984,500.00 in unknown damages, and $3,000,000.00 in general damages. £~Record Document 47, Ex. B. After review of the record, the court finds that this amount is not a sum certain or an amount that can be made certain by computation. Accordingly, the appropriate amount of damages is deferred until trial on the merits. If all other claims are resolved without the need for a trial, MCR may request a hearing to present evidence of damages. B. Parties In Default. As mentioned above, this court set aside the entry of default against Loggins and he has now answered. Loggins is no longer in default. On the other hand, Regency, IT!, and Teran have failed to respond to the complaint or move to set aside the entry of default. CONCLUSION Based on the foregoing analysis, MCR's first motion for default judgment (Record Document 40) is GRANTED in part and DENIED in part. The motion is granted as to IT! and Teran and denied as to Loggins. MCR's second motion for default (Record Document 41) is GRANTED. The calculation of damages against IT!, Teran, and Regency, and the entry of

judgment, is deferred until after trial on the merits. THUS DONE AND SIGNED at Shreveport, Louisiana, this th May, 2009. day of

~~SOMST