HOLIDAY v. CITY OF UNION CITY et al

Filing 13

ORDER denying without prejudice 11 Second MOTION for Default Judgment as to by ADRIAN HOLIDAY. It is further Ordered that within thirty (30) days of this Order, Plaintiff may file a new motion for Default Judgment pursuant to Federal Rule of Civil procedure 55(b)(2) accompanied by supporting evidence (in the form of declarations, affidavits, etc. Signed by Judge Claire C. Cecchi on 1/30/2017. (JB, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ADRIAN HOLIDAY,

Civil Action No.: 14-8025

Plaintiff,
ORDER
V.

CITY OF UNION CITY, et al.,
Defendants.
Before the Court is Plaintiff Adrian Holiday’s (“Plaintiff’) second Motion for Default
Judgment against Defendant City of Union City (“Defendant”). It appearing that:
1. Defendant was sewed with the Complaint on February 6, 2015 and failed to answer.
Default was entered against Defendant on June 3, 2015. (ECF No. 8 at 2

¶J 3-4.)

2. Plaintiff appears to have made the instant Motion for Default Judgment pursuant to
Federal Rule of Civil Procedure 55(b)(1), which governs entry of Default Judgment by
the Clerk in circumstances where “the plaintiffs claim is for a sum certain.” See Fed.
R. Civ. P. 55(b)(l).
3. The text of Plaintiffs one-page motion appears to request Default Judgment in favor
of Adrian Holiday against City of Union and City of Union Police Department. (ECf
No. 11 at I.) The City of Union Police Department is no longer a party to the instant
action. (ECF No. 9.)
4. The certification submitted by Plaintiffs counsel in conjunction with the motion
appears to be a copy of the earlier certification submitted by Plaintiffs counsel.
(Compare ECF No. 11 at 2-3 with ECF No. 8 at 2-3.) As with the certification on the
first Motion for Default Judgment, (ECF No. 10), the second certification also does not
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set forth evidence sufficient for the Court to make the factual findings that are a
prerequisite to entering Default Judgment pursuant to Federal Rule of Civil Procedure
55(b)(2). See Doug Brady, Inc. v. Ni Bldg. Laborers Statewide Funds, 250 F.R.D.
171, 177 (D.NJ. 2008) (“Before imposing the extreme sanction of default, district

courts must make explicit factual findings as to: (1) whether the party subject to default
has a meritorious defense, (2) the prejudice suffered by the party seeking default, and
(3) the culpability of the party subject to default.”).
5. On August 3,2016, Plaintiff submitted a Certification of Damages, alleging that he was
wrongfully arrested and imprisoned by the City of Union and the City of Union Police
Department. (ECF No. 12.)
6. Plaintiffs certification alleges two sums. The first is $3,500 for a vehicle that he
allegedly lost while he was incarcerated: “During the time I was incarcerated I lost my
vehicle which was a White Dodge Minivan worth approximately $3,500.00.” (ECF
No. 12 at 2

¶ 9.)

The second is $100,000 that he “believe[s] [he] is entitled to” for

“deprivation of [his] civil rights[.]” (Id. at 2 ¶ 9.) Given the conclusory nature of these
statements, neither demonstrate a sum certain as required for default judgment. The
Court requires supporting evidence to substantiate Plaintiffs claims.
Accordingly,
IT IS on this

day of January, 2017,

ORDERED that Plaintiffs Motion for Default Judgment is DENIED without prejudice;
and it is further

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ORDERED that within thirty (30) days of this Order, Plaintiff may file a new motion for
Default Judgment pursuant to federal Rule of Civil Procedure 55(b)(2) accompanied by
supporting evidence (in the form of declarations, affidavits, etc.) sufficient for the Court to make
the factual findings required for entry of Default Judgment pursuant to Federal Rule of Civil
Procedure 55(b)(2).
SO ORDERED.

CLAIRE C. CECCHI, U.S.D.J.

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