UNITED STATES OF AMERICA FOR THE BENEFIT OF PACE CONSTRUCTION, INC. v. UNIVERSAL CONSTRUCTION COMPANY, INC. et al
Filing
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OPINION and ORDER that the plaintiff's motion for entry of judgment by default against the defendant Universal Construction Company, Inc. (dkt. entry no. 16 ) is GRANTED IN PART AND DENIED IN PART; GRANTED TO THE EXTENT that it seeks entry of j udgment by default on the issue of liability against the defendant Universal Construction Company, Inc., and DENIED WITHOUT PREJUDICE TO THE EXTENT that it seeks entry of judgment by default on the issue of damages against the defendant Universal Construction Company, Inc. Signed by Judge Mary L. Cooper on 11/7/2011. (mmh)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
for the benefit of PACE
CONSTRUCTION INC.,
Plaintiff,
v.
UNIVERSAL CONSTRUCTION
COMPANY, INC., et al.,
Defendants.
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CIVIL ACTION NO. 11-2518 (MLC)
OPINION & ORDER
DEFAULT has been entered against the defendant Universal
Construction Company, Inc. (“UCCI”).
entry.)
(See 6-2-11 unnumbered dkt.
See Fed.R.Civ.P. 55(a).
THE PLAINTIFF now moves for entry of judgment by default
against UCCI.
(See dkt. entry no. 16, Notice of Mot.)
Fed.R.Civ.P. 55(b).
See
But it is apparent that the plaintiff intends
to continue to prosecute the action against the other defendants.
Thus, a complete judgment entered against UCCI would not end the
litigation, thereby giving rise to (1) piecemeal litigation, and
(2) the possibility of a double recovery for the plaintiff.
THE DECISION to either enter judgment by default or refuse
to enter such judgment rests in the Court’s discretion.
See
Emcasco Ins. Co. v. Sambrick, 834 F.2d 71, 74 (3d Cir. 1987).
The Court intends to grant the part of the motion seeking entry
of judgment by default only on the issue of liability against
UCCI, and deny the part of the motion seeking entry of judgment
by default on the issue of damages.
The plaintiff may seek
judgment on the issue of damages against UCCI when the liability
of each of the other defendants has been ascertained.
FOR GOOD CAUSE APPEARING:
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IT IS THEREFORE on this
7th
day of November, 2011,
ORDERED that the plaintiff’s motion for entry of judgment by
default against the defendant Universal Construction Company,
Inc. (dkt. entry no. 16) is GRANTED IN PART AND DENIED IN PART AS
FOLLOWS:
GRANTED TO THE EXTENT that it seeks entry of judgment
by default on the issue of liability against the defendant
Universal Construction Company, Inc., and
DENIED WITHOUT PREJUDICE TO THE EXTENT that it seeks
entry of judgment by default on the issue of damages against the
defendant Universal Construction Company, Inc.; and
IT IS FURTHER ORDERED that JUDGMENT IS ENTERED on default
against the defendant Universal Construction Company, Inc., and
in favor of the plaintiff on the issue of liability.
s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
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