Ford v. Mueller
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 2:17-cv-00168-NJK
Pending before the Court is an order for Defendant to show cause why case-dispositive sanctions
should not be entered. Docket No. 56. The deadline to respond was February 28, 2018, but Defendant
has not responded to date. No later than March 14, 2018, 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.1
IT IS SO ORDERED.
DATED: March 7, 2018
NANCY J. KOPPE
United States Magistrate Judge
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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