National Electrical Benefit Fund v. J.H. Haynes Electric Company, Inc.
Filing
10
MEMORANDUM OPINION (c/m to Defendant 9/18/14 sat). Signed by Chief Judge Deborah K. Chasanow on 9/18/14. (sat, Chambers)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
NATIONAL ELECTRICAL BENEFIT
FUND
:
v.
:
Civil Action No. DKC 14-1646
:
J.H. HAYNES ELECTRIC COMPANY,
INC.
:
MEMORANDUM OPINION
Pending before the court is Plaintiffs= motion for default
judgment (ECF No. 8).
alleges
that
The complaint was filed May 21, 2014 and
Defendant
owes
Plaintiffs
$75,028.79
in
contributions for the periods of April, 2013 through January,
2014,
plus
$16,793.03.
interest
The
of
$6,133.36,
complaint
also
and
sought
liquidated
costs,
damages
of
contributions,
interest, and liquidated damages which become due subsequent to
the filing of this action through the date of judgment.
On July 18, 2014, Plaintiffs moved for the entry of default
for want of answer or other defense (ECF No. 7) and for default
judgment (ECF No. 8).
The Clerk of Court entered default for
want of answer or other defense by the Defendant on July 30,
2014 (ECF No. 9).
Plaintiffs’ motion for default judgment requests judgment
against the Defendant for late contributions for the months of
April, 2013 through April, 2014.
Plaintiffs= motion for entry of judgment by default seeks
sums
not
sought
granted in part.
in
the
initial
complaint
and
will
only
be
Fed. R. Civ. P. 54(c) provides in part that a
default judgment “must not differ in kind from, or exceed in
amount, what is demanded in the pleadings.”
Although there are
circumstances where the result is different,
When a complaint demands a specific amount
of damages, courts have generally held that
a default judgment cannot award additional
damages.
See, e.g., Compton v. Alton
Steamship Co., 608 F.2d 96, 104 (4th
Cir.1979); Producers Equip. Sales, Inc. v.
Thomason, 15 Kan.App.2d 393, 808 P.2d 881,
886 (Kan.Ct.App.1991).
A default judgment
cannot be greater than the specific amount
sought because the defendant could not
reasonably have expected that his damages
would exceed that amount.
In re Genesys Data Technologies, Inc., 204 F.3d 124, 132 (4th
Cir. 2000).
Here, the complaint sought damages for the months
of April 2013 through January, 2014, in the amount of $75,028.79
for contributions and liquidated damages, plus costs, interest,
and attorneys’ fees.
Although the complaint also sought damages
“which become due subsequent to the filing of this action,” the
court declines to award damages that were not specified in the
complaint.
2
Accordingly,
judgment
will
be
entered
for
the
sums
based on the initial complaint.
/s/
DEBORAH K. CHASANOW
United States District Judge
3
due
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