HIMOLLA POLSTERMOBEL GmgH v. ACW DISTRIBUTION LLC et al

Filing 20

OPINION AND ORDER entering DEFAULT JUDGMENT in the sum of $104,444.00 in favor of Pltf, HIMOLLA POLSTERMOBEL GmgH against Defts ACW DISTRIBUTION LLC, EXCLUSIVE FURNITURE BAVARIA LLC ***CIVIL CASE TERMINATED. Signed by Judge Katharine S. Hayden on 4/16/15. (sr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HIMOLLA POLSTERMOBEL GmgH,
Plaintiff,

Civil No.: 14-5401 (KSH) (CLW)

v.

ACW DISTRIBUTION LLC and EXCLUSIVE
FURNITURE BAVARIA LLC.

OPINION AND ORDER FOR
DEFAULT JUDGMENT

Defendants.

Plaintiff filed this motion for default judgment on January 23, 2015 [D.E. 19], after the
Clerk entered default on December 22, 2015. It requests the Court to enter judgment in its favor
in the amount of $106,133.13, which is an increase from the $104,444.00 it sought in its complaint.
[D.E. 1.] Plaintiff’s rationale for the increase is that it used an improper conversation rate when it
initially calculated the damages it seeks in this lawsuit. However, a “default judgment must not
differ in kind from, or exceed in amount, what is demanded in the pleadings,” Fed. R. Civ. P. 54(c),
because the defendant is entitled to rely on the amount sought in the complaint when deciding
whether to expend the time and money to defend the action. Silge v. Merz, 510 F.3d 157, 159 (2nd
Cir. 2007). The Court is therefore limited to awarding the amount of relief requested in plaintiff’s
complaint.
IT IS on this 16th day of April, 2015,

ORDERED that the motion for default judgment is granted and judgment is entered in
favor of plaintiff against defendants in the sum of $104,444.00 plus costs.

/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.