Charles v. Marcellus Energy Services

Filing 14

ORDER & DEFAULT JUDGMENT granting Charles' motion for default jdgmt 10 , JUDGMENT ENTERED in favor of pltf Charles & against deft Marcellus in following amts: a. $425,781.27 in back pay, front pay & compensatory damages, b. $24,086.00 in attys' fees, & c. $486.90 in costs, & directing Clrk of Ct to CLOSE case. (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 8/10/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KIMBERLY A. CHARLES,
Plaintiff
v.
MARCELLUS ENERGY
SERVICES, LLC,
Defendant

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 4:14-CV-1403
(Chief Judge Conner)

ORDER AND JUDGMENT
AND NOW, this 10th day of August, 2015, upon consideration of the motion
(Doc. 10) for default judgment filed by plaintiff Kimberly A. Charles (“Charles”), and
it appearing that the summons and complaint were served on defendant Marcellus
Energy Services, LLC, (“Marcellus”), by process server on November 29, 2014, (see
Doc. 7), but that, as of the date of this order, Marcellus has not pled, see FED. R. CIV.
P. 12 (stating that defendants “must serve an answer . . . within 21 days after being
served with the summons and complaint”), and has not otherwise defended itself in
the above-captioned litigation,1 and it further appearing that, on motion (Doc. 8) by
Charles, the Clerk of Court entered default (Doc. 9) against Marcellus on February
20, 2015, see FED. R. CIV. P. 55(a) (directing the Clerk to enter default when a party
“has failed to plead or otherwise defend, and that failure is shown by affidavit or
1

Nor has counsel entered an appearance on behalf of Marcellus. Given its
corporate status, Marcellus cannot proceed pro se before this court. See Lawson v.
Nat’l Continental-Progressive Ins. Co., 347 F. App’x 741, 742 (3d Cir. 2009) (“[A]
corporation . . . cannot proceed as a pro se litigant,” nor may “a non-attorney
represent the interests of a corporation in federal court.”) (citing Rowland v. Cali.
Men’s Colony, 506 U.S. 194, 201-02 (1993)).

otherwise”), and the court having previously concluded that entry of default
judgment as to liability upon the instant motion is appropriate, (see Doc. 11), but
having deferred the issue of damages pending submission of evidentiary support by
Charles, see FED. R. CIV. P. 55(b)(2) (“The court may conduct hearings [if] it needs to
. . . determine the amount of damages.”), and the court concluding that Charles’
subsequent request for damages (Doc. 13), accompanied by affidavits and other
evidentiary support, sufficiently establishes the amount of damages, costs, and
attorneys’ fees requested therein, see Rhino Assocs. L.P. v. Berg Mfg. & Sales
Corp., 531 F. Supp. 2d 652, 657 (M.D. Pa. 2007) (holding that further inquiry is
unnecessary when movant’s evidence of damages and fees is unopposed and
unambiguous), and the court noting that “a default judgment must not differ in
kind from, or exceed in amount, what is demanded in the pleadings, see FED. R.
CIV. P. 54(c), it is hereby ORDERED that:
1.

Charles’ motion (Doc. 10) for default judgment is GRANTED.

2.

Judgment is ENTERED in favor of plaintiff Kimberly A. Charles and
against defendant Marcellus Energy Services, LLC, in the following
amounts:
a.
b.
c.

3.

$425,781.27 in back pay, front pay, and compensatory damages;
$24,086.00 in attorneys’ fees; and
$486.90 in costs.

The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania