MILLER et al v. ADLER et al

Filing 42

ORDER granting in part and denying in part 29 and 33 Motion for Entry of Default. Judgement is entered against Defendant Adler individually and in favor of each listed Plaintiff in the amount of fifty three thousand, seven hundred and sixty doll ars, and against Defendants Adler and Hirsch Jointly and severally, and in favor of each listed Plaintiff, in the amount of two hundred and nineteen thousand, five hundred and thirty four dollars. Directing the Clerk to close this case. Signed by Judge Jerome B. Simandle on 10/29/2018. (rtm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

HONORABLE JEROME B. SIMANDLE

JOEL MILLER, et al.,
Plaintiffs,

Civil Action No.
17-7149 (JBS/KMW)

v.

ORDER FOR DEFAULT JUDGMENT

ALISA ADLER, et al.,
Defendants.

Upon consideration of the Complaint and Motions for Default
Judgment [Docket Items 29 & 33] by Plaintiffs Joel Miller and
Stephanie Segal Miller (collectively, “Plaintiffs”), it appears
to the Court that Defendants Daniel Hirsch and Alisa Adler
(collectively, “Defendants”)

were served process on September

21, 2017 and no later than April 22, 2018, respectively, and
have knowingly and willfully failed to appear, plead or
otherwise defend, and the default against said Defendants having
been entered;
IT IS this

29th

day of

October

hereby

ORDERED that Plaintiffs’ motions for default judgment shall
be, and are hereby, GRANTED IN PART, DENIED WITHOUT PREJUDICE IN
PART, and DISMISSED WITHOUT PREJUDICE IN PART; and it is further
ORDERED

that

Plaintiffs’

motions,

insofar

as

they

seek

contract damages and interest in connection with Counts 1 & 2 of
the Complaint, shall be, and are hereby GRANTED; and it is further

ORDERED that judgment is entered against Defendant Adler
individually, and in favor of each listed Plaintiff, in the amount
of

fifty-three

thousand,

seven

hundred

and

sixty

dollars

($53,760.00) and against Defendants Adler and Hirsch, jointly and
severally, and in favor of each listed Plaintiff, in the amount of
two hundred and nineteen thousand, five hundred and thirty-four
dollars

($219,534.00),

which

includes

contract

damages

and

interest with regards to Counts 1 & 2 of the Complaint; and it is
further
ORDERED that Plaintiffs’ request for attorneys’ fees and
costs shall be, and is hereby, DENIED WITHOUT PREJUDICE; and it is
further
ORDERED

that

Plaintiffs

may

make

a

renewed

request

for

attorneys’ fees and costs, including documentation regarding the
costs

or

fees

Plaintiffs

have

expended

in

this

litigation,

consistent with Federal Rule of Civil Procedure 54(d)(2) and Local
Civil Rules 54.2(a) & (b); and it is further
ORDERED that Plaintiffs’ requests for default judgment with
respect to Counts 3 & 4 of the Complaint shall be, and are hereby,
DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that if Defendants Adler and Hirsch fail to comply
with any of the terms of this Order, Plaintiffs may, in addition
to pursuing the remedies provided under Federal Rule of Civil
Procedure 69, reopen this case upon motion to this Court and notice

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to Defendants, and may at that time ask for further appropriate
monetary and/or injunctive relief, including a motion for contempt
of court; and it is further
ORDERED that this Order and Judgment is enforceable, without
duplication,

by

one

or

more

of

the

Plaintiffs,

jointly

and

severally, or their agents; and it is further
ORDERED that Plaintiffs shall promptly cause a copy of this
Judgment to be served upon Defendants Adler and Hirsch and shall
file a certificate of such service upon this docket; and it is
further
ORDERED

that

administratively

Counts

3

terminated

and

4

without

of

the

Complaint

prejudice

to

shall

be

Plaintiffs’

rights to pursue them at a later date in a manner consistent with
law; and it is further
ORDERED that the Clerk of Court, after entry of the Judgment
herein, shall close this case upon the docket. The Court maintains
jurisdiction over the enforcement of this Order and Judgment by
Default.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
U.S. District Judge

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