Harrington v. Delta Career Education Corporation, et al

Filing 48

ORDER granting 41 Motion for Default Judgment; granting 46 Motion for Default Judgment. Plaintiff is ORDERED to submit a motion to the Court setting forth evidence of the amount of damages. Signed by Judge Algenon L. Marbley on 2/28/2019. (cw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
MICHAEL HARRINGTON,
Plaintiff,
v.
DELTA CAREER EDUCATION
CORPORATION, et al.,
Defendant.

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Case No. 2:17-cv-736
JUDGE ALGENON L. MARBLEY
Magistrate Judge Deavers

ORDER
This matter comes before the Court on Plaintiff’s Motion for Default Judgment against
Delta Career Education Corporation (ECF No. 41) and Plaintiff’s Motion for Default Judgment
against Jennifer Michael (ECF No. 46). Plaintiff has successfully applied to the Clerk for Entry
of Default as to both Defendants, and the Clerk has so entered. (ECF Nos. 38, 45). Plaintiff now
requests this Court enter an order of default judgment.
Federal Rule of Civil Procedure 55(a) provides that when a party “against whom a
judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure
is shown by affidavit or otherwise, the clerk must enter the party’s default.” FED. R. CIV. P.
55(a). To obtain a default judgment under Federal Rule of Civil Procedure 55(b), there must first
be an entry of default under 55(a) with the Clerk. See Shepard Claims Serv. Inc. v. William
Darrah & Assoc., 796 F.2d 190, 193 (6th Cir. 1986) (stating “entry of default is . . . the first
procedural step on the road to obtaining a default judgment”). Federal Rule of Civil Procedure
12(a)(1)(A)(i) states that a defendant “must serve an answer within 21 days after being served
with a complaint.” Fed. R. Civ. P. 12(a).

The procedural history of this case is recited in this Court’s earlier Order Adopting
Report and Recommendations. (ECF No. 37). In that Order, this Court also denied without
prejudice the Plaintiff’s earlier Motion for Default Judgment. At that time, the Motion was
denied because Plaintiff failed to first apply for entry of default with the Clerk. (ECF No. 37 at
3). This time, Plaintiff has properly applied for entry of default and, as above, the Clerk has so
entered. As a result, this Court hereby GRANTS Plaintiff’s Motions for Entry of Default
Judgment.
However, although Plaintiff alleges he was injured by Defendants’ actions and requests
damages, including, “inter alia, injunctive relief, backpay, compensatory damages, attorneys’
fees and costs, and an aware of such other relief as this Court may deem necessary and proper,”
he has not presented this Court with information upon which this Court could determine the
amount of damages. As a result, this Court ORDERS Plaintiff to submit a motion to the Court
setting forth evidence of the amount of damages to allow the court to “ascertain the amount of
damages with reasonable certainty.” Osbeck v. Golfside Auto Sales, Inc., 2010 WL 2572713
(E.D. Mich. 2010).
IT IS SO ORDERED.
s/Algenon L. Marbley ___________
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: February 28, 2019