Bledsoe v. Marcus Construction, LLC et al

Filing 11

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs request for a hearing is DENIED without prejudice. IT IS FURTHER ORDERED that plaintiff shall submit a memorandum, supporting affidavits, and any other properly authenticated evidence in support of his request for damages, attorneys fees, and costs by June 1, 2016. ( Response to Court due by 6/1/2016.). Signed by District Judge Stephen N. Limbaugh, Jr on 5/11/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES M. BLEDSOE,
Plaintiff,
v.
MARCUS CONSTRUCTION CO.
LLC, et al.,
Defendants.

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No. 4:16CV51 SNLJ

MEMORANDUM and ORDER
This matter is before the Court on plaintiff’s motion for a default judgment
against each of the defendants (#8). The Clerk entered default against all three
defendants on April 29, 2016 (#7). Plaintiff requests that the Court schedule this matter
for a hearing to allow him to submit evidence in support of his damages (unpaid wages
and liquidated damages) and his claim for statutory attorney’s fees and costs. The Court
declines to order a hearing at this time; instead, plaintiff may submit a memorandum,
supported by affidavits and properly authenticated documentary evidence, to support his
claim for damages. See Fed. R. Civ. P. 55(b)(2)(B) (“The court may conduct
hearings…when…it needs to…determine the amount of damages” (emphasis added));
Stephenson v. El-Batrawi, 524 F.3d 907, 916 (8th Cir. 2008) (“The need for a hearing is
within the sound discretion of the district court…”).

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IT IS HEREBY ORDERED that plaintiff’s request for a hearing is DENIED
without prejudice.
IT IS FURTHER ORDERED that plaintiff shall submit a memorandum,
supporting affidavits, and any other properly authenticated evidence in support of his
request for damages, attorney’s fees, and costs by June 1, 2016.
Dated this 11th day of May, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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