Cain v. Shamrock Alliance, LLC et al

Filing 17

ORDER denying without prejudice 15 Motion for Default Judgment. Signed by District Judge Keith Starrett on 7/16/2018 (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION
CASSANDRA CAIN

PLAINTIFF

v.

CIVIL ACTION NO. 2:17-CV-154-KS-MTP

SHAMROCK ALLIANCE, LLC, and
JASON MORGAN

DEFENDANTS

MEMORANDUM OPINION AND ORDER
This matter is before the Court on the Motion for Default Judgment [15] filed by Plaintiff
Cassandra Cain. After considering the submissions of the parties, the record, and the applicable
law, the Court finds that the Motion for Default Judgment [15] is not sufficiently supported and
should be denied without prejudice.
I. BACKGROUND
On September 1, 2017, Plaintiff Cassandra Cain (“Plaintiff”) brought this action against
Defendants Shamrock Alliance, LLC (“Shamrock”) and Jason Morgan (“Morgan”) (collectively
“Defendants”). On September 21, 2017, process was served on Shamrock. (See Summons [4].)
After no answer was filed by Shamrock, Plaintiff moved for an entry of default, which was granted
on January 8, 2018. (See Entry of Default [9].) Summons was served on Morgan on February 7,
2018. (See Summons [12].) Morgan also failed to answer, and default was entered against him
on March 15, 2018. (See Entry of Default [14].) Plaintiff then filed this Motion for Default [15]
on June 21, 2018.
II. DISCUSSION
By their default, Defendants have admitted Plaintiff’s well-pleaded allegations of fact.
Nishimatsu Constr. Co. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975). Therefore,

in addressing a motion for default judgment, the Court accepts the factual allegations of the
Complaint [1] as true. The entry of a default, however, “does not in itself warrant the court in
entering a default judgment. There must be a sufficient basis in the pleadings for the judgment
entered.” Id. When awarding damages, the Court must ensure that the amount awarded is
reasonable and demonstrated by the evidence. Fed. R. Civ. P. 55(b)(2)(C).
Here, Plaintiff has not given the Court any citation to the legal framework under which she
claims she is entitled to damages, except for a general reference to the FLSA and its section on
remedies.

Furthermore, she references allegations that were not brought in her original

Complaint [1], such as the number of hours she worked without pay. She has also failed to
establish the reasonableness of the attorney’s fees she is requesting, as she neglects to include her
attorney’s hourly rate or to include an accounting of the time devoted to her case.
Finding that Plaintiff has failed to provide a sufficient basis for judgment to be entered in
her favor, the Court will deny the Motion for Default Judgment [15] without prejudice.
III. CONCLUSION
IT IS THEREFORE ORDERED AND ADJUDGED that the Motion for Default Judgment
[15] is denied without prejudice.
SO ORDERED AND ADJUDGED, on this, the 16th day of July, 2018.

s/Keith Starrett
UNITED STATES DISTRICT JUDGE

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