GALLEY v. NJ TRANSIT RAIL OPERATIONS, INC.

Filing 8

ORDER denying pltf's Default Judgment; Plaintiff may file a properly supported motion (along with proof of service of the motion) by no later than August 15, 2016.Signed by Judge Jose L. Linares on 7/18/2016. (nr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CHERYL GALLEY,

Civil Action No.: 16-2088 (JLL)

Plaintiff,
v.

ORDER

NEW JERSEY TRANSIT,
Defendant.
Presently before the Court is a Motion for Default Judgnient by Plaintiff against
Defendant. ECF No. 7. Plaintiffs motion for default judgment is unopposed. The Court
has reviewed Plaintiffs motion, the pleadings, and the docket in this matter, and finds:
1. Plaintiff filed a complaint against Defendant on April 14, 2016 bringing five
claims against defendant related to an accident wherein she alleges that she
suffered personal injury.

ECF No. 1.

Plaintiff sought damages of

$2,500,000 million. Id.
2. Plaintiff moved for default on June 8, 2016. ECF No. 5. The Clerk entered
default against Defendant on June 10, 2016.
3. Plaintiff then filed the present motion for default judgment on June 21,
2016. ECF No. 7. No brief was filed with Plaintiffs “Notice of Motion”
setting forth why judgment was appropriate. See DirecTV, Inc. v. Pepe, 431
F.3d 162, 165 (3d. Cir. 2005) (“[W]hile the factual allegations in a
complaint, other than those as to damages, are treated as conceded by the
defendant for purposes of a default judgment, legal issues remain subject to
its adjudication.”).

Plaintiff also failed to supply any documents or

explanation supporting her request for $2,500,000 in damages. See Id. Thus,
her motion is deficient in that it does not provide argument supporting her
request for judgment or factual record and/or basis for her claim for

damages. She simply submits a proposed order requesting the $2,500,000
in addition to $886.45 in costs—which are supported with a listing of the
expenses attached to an attorney declaration. See ECF No. 7-6. The Court
notes that, even with such an explanation, a hearing may be required. But,
without any understanding of the basis for her damage claim, it is unable to
identify what, if any, additional documents and/or testimony is required.
4. Finally, while Plaintiff has attached emails to Defendant related to the filing
of the complaint and inquiring if and when an Answer will be filed (which
pre-date filing of the present motion), she does not provide proof of service
of the present motion.
Accordingly, IT IS on this

J day of July, 2016,

(tf t4o

ORDERED that Plaintiffs motion for default judgment is denied without

prejudice. Plaintiff may file a properly supported motion (along with proof of service of
the motion) by no later than August 15, 2016.
IT IS SO ORDERED.

J9E L. LINARES
,XLS.D.J.

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