Wright v. MacConnell

Filing 41

DECISION AND ORDER DENYING MOTION FOR DEFAULTJUDGMENT WITHOUT PREJUDICE; UPDATE ON STATUS - Plaintiff's Motion for Default Judgment in the amount of $100,000 (ECF No. 34) is DENIED without prejudice to its renewal with proof of the damages suffered.The Court has received no further reports on the status of the bankruptcy case. Signed by Magistrate Judge Michael R. Merz on 8/20/2016. (kpf)(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
WESTERN DIVISION AT DAYTON
DWAINE WRIGHT,
Plaintiff,

-

vs

:

Case No. 3:15-cv-211

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-

RION MacCONNELL,

Defendant.

:

DECISION AND ORDER DENYING MOTION FOR DEFAULT
JUDGMENT WITHOUT PREJUDICE; UPDATE ON STATUS

This case is before the Court on Plaintiff’s Motion for Default Judgment in the amount of
$100,000 (ECF No. 34). Plaintiff correctly points out that Defendant is in default and the Clerk
has entered that default of record. However, the Motion is not supported by any proof of
damages, but merely makes a conclusory claim for $100,000. Because the Motion makes no
proof of the damages suffered by Plaintiff, it is DENIED without prejudice to its renewal with
proof of the damages suffered.
The case is also before the Court on Plaintiff’s Motion for Update Status (ECF No. 40).
Attached is a copy of this Court’s Bankruptcy Stay Order (ECF No. 37) and of a Motion to
1

Dismiss filed in the relevant bankruptcy case, No. 16-31707, which Plaintiff presumably
received from the United States Trustee. The Court has received no further reports on the status
of the bankruptcy case.

August 20, 2016.
s/ Michael R. Merz
United States Magistrate Judge

2