ALBANESE v. NEW JERSEY TRANSIT RAIL OPERATIONS INC.

Filing 26

LETTER ORDER denying without prejudice 20 Motion for Default Judgment as to Third Party Defendant, George T. Davis. Signed by Judge Esther Salas on 5/22/18. (cm, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CHAMBERS OF

MARTIN LUTHER KING
COURTHOUSE
50 WALNUT ST.
ROOM 5076
NEWARK, NJ 07101
973-297-4887

ESTHER SALAS
UNITED STATES DISTRICT JUDGE

May 22, 2018

LETTER ORDER

Re:

Vincent John Albanese v. New Jersey Transit Rail Operations Inc.
Civil Action No. 17-5566 (ES) (SCM)

Dear Counsel:
On May 18, 2018, the Clerk of Court entered default against the following Third-Party
Defendant in this action: George T. Davis. Below, the Court sets forth the various factors that
must be addressed in support of any future motion for default judgment.
“Before entering default judgment, the Court must address the threshold issue of whether
it has personal jurisdiction and subject matter jurisdiction over the parties.” Prudential Ins. Co.
of Am. v. Bramlett, No. 08-119, 2010 WL 2696459, at *1 (D.N.J. July 6, 2010).
Further, “[b]efore granting a default judgment, the Court must determine (1) whether
there is sufficient proof of service; (2) whether a sufficient cause of action was stated; and (3)
whether default judgment is proper.” Teamsters Health & Welfare Fund of Phila. & Vicinity v.
Dubin Paper Co., No. 11-7137, 2012 WL 3018062, at *2 (D.N.J. July 24, 2012) (internal
citations omitted). And, to determine whether granting default judgment is proper, the Court
must make 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.” Doug Brady, Inc. v. N.J. Bldg. Laborers Statewide Funds, 250 F.R.D.
171, 177 (D.N.J. 2008).
“A court does not accept as true allegations pertaining to the amount of damages.” Days
Inns Worldwide, Inc. v. Panchal, No. 15-1459, 2015 WL 5055318, at *2 (D.N.J. Aug. 25, 2015)
(citation omitted). “While the court may conduct a hearing to determine the damages amount,
Fed. R. Civ. P. 55(b)(2), a damages determination may be made without a hearing as long as the
court ensures that there is a basis for the damages specified in the default judgment.” Id.
(quotation marks and textual modifications omitted).
Finally, the Court notes that “if default is entered against some defendants in a multi1

defendant case, the preferred practice is for the court to withhold granting default judgment until
the action is resolved on its merits against non-defaulting defendants: if plaintiff loses on merits,
the complaint should then be dismissed against both defaulting and non-defaulting defendants.”
Animal Sci. Prods., Inc. v. China Nat’l Metals & Minerals Imp. & Exp. Corp., 596 F. Supp. 2d
842, 849 (D.N.J. 2008).
Accordingly, if moving for default judgment, the Court hereby orders Third-Party
Plaintiff to submit a letter-brief (no more than 7 pages) with any materials in support of the
default judgment motion—which specifically addresses each of the above factors in an
organized, easy-to-read format using headings (and, if necessary, sub-headings) and numbered
paragraphs or bullet points. To be sure, any such motion for default judgment must still comport
with the requirements of this District’s Local Rule 7.1 (e.g., Notice of Motion)—except for Rule
7.1(d)(4).
As such, Third Party Plaintiff’s earlier filed motion for default judgment (see D.E. No.
20) is DENIED without prejudice because the Clerk of Court had not entered default when that
motion was filed. See, e.g., Husain v. Casino Control Comm’n, 265 F. App’x 130, 133 (3d Cir.
2008).
The Clerk of Court shall terminate Docket Entry Number 20.
SO ORDERED.
s/Esther Salas
Esther Salas, U.S.D.J.

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