Ford v. Mueller

Filing 57

ORDER. IT IS ORDERED that no later than 3/14/18, Plaintiff shall explain the damages to which it contends it is entitled (and the means by which it will prove up those damages) in the event the Court enters default judgment in this case. Signed by Magistrate Judge Nancy J. Koppe on 3/7/2018. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 SHAWN FORD, 11 12 13 14 15 ) ) Plaintiff(s), ) ) v. ) ) SCOTT MUELLER, ) ) Defendant(s). ) __________________________________________) Case No. 2:17-cv-00168-NJK ORDER 16 Pending before the Court is an order for Defendant to show cause why case-dispositive sanctions 17 should not be entered. Docket No. 56. The deadline to respond was February 28, 2018, but Defendant 18 has not responded to date. No later than March 14, 2018, Plaintiff shall explain the damages to which 19 it contends it is entitled (and the means by which it will prove up those damages) in the event the Court 20 enters default judgment in this case.1 21 IT IS SO ORDERED. 22 DATED: March 7, 2018 23 ______________________________________ NANCY J. KOPPE United States Magistrate Judge 24 25 26 27 28 1 The plaintiff has the burden of “proving up” his damages to be awarded in a default judgment. See, e.g., Dolphin v. Ruiz, 2008 WL 4552940, *3 (C.D. Cal. Oct. 9, 2008). Generally speaking, such damages are proven up through the submission of evidence (such as in a declaration) or through an evidentiary hearing. See id.

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