BEASLEY FOREST PRODUCTS, INC v. UNIVERSAL PIPELINE, LLC et al

Filing 21

ORDER. Plaintiff's Motion for Default Judgment (Doc. 17 ) against Defendant Universal Pipeline, LLC, is denied without prejudice to renewal, as described in the Order associated with this docket entry. Signed by Judge Cathy Bissoon on 5/1/14. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BEASLEY FOREST PRODUCTS, INC,
Plaintiff,
v.
UNIVERSAL PIPELINE, LLC, et al.,
Defendants.

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Civil Action No. 13-1605
Judge Cathy Bissoon

ORDER
Plaintiff’s Motion for Default Judgment (Doc. 17) against Defendant Universal Pipeline,
LLC,1 will be denied without prejudice to renewal as described below.
Plaintiff’s Motion claims to seek a “sum certain,” and it proposes that judgment be
entered by the Clerk pursuant to Federal Rule of Civil Procedure 55(b)(1). See Mot. at ¶ 3;
see also proposed order (Doc. 19) (containing signature line for Clerk of Court). Plaintiff’s
request for an award of attorneys’ fees (see Mot. at ¶ 6), however, places the request outside the
scope of subsection (b)(1). See Deutsche Bank Nat’l Trust Co. v. Vika, 2013 WL 2155180, *1
(M.D. Pa. May 17, 2013) (“A claim for attorney’s fees will rarely be for a ‘sum certain’ because,
typically, a judicial determination is necessary to decide whether to award fees, and, if an award
will be made, in what amount.”) (citation to quoted source omitted).
Plaintiff may refile, and the renewed motion will be decided by the Court under Federal
Rule 55(b)(2). Should Plaintiff wish to avoid a damages hearing, its counsel should include
sufficient information regarding fees and costs (e.g., billing statements or summaries) such that

Notably, Plaintiff does not seek default judgment against Defendant Universal Pipeline
Partners, LLC, as that entity has answered the Complaint. See Doc. 7.
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the Court may conduct a reasoned review on the paper. See, e.g., Joe Hand Promotions, Inc. v.
Waldron, 2013 WL 1007398, *4 (D. N.J. Mar. 13, 2013) (costs and fees may be awarded on
default judgment, without hearing, so long as they can “by computation be made certain”).
IT IS SO ORDERED.

May 1, 2014

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

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All Counsel of Record

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