Nutramax Laboratories Inc et al v. Joint-Health-Reviews.com et al

Filing 12

ORDER directing Defendant to file a response in opposition to Plaintiff's 10 MOTION for Default Judgment by December 7, 2017. Signed by Magistrate Judge Shiva V Hodges on 11/7/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Nutramax Laboratories, Inc. and
Nutramax Laboratories Consumer Care,
Inc.,
Plaintiffs,
vs.
Joint-Health-Reviews.com and John
Doe,
Defendants.

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C/A No.: 0:17-2174-TLW-SVH

ORDER

This matter comes before the court on the motion [ECF No. 10] of Plaintiffs for a
default judgment against Joint-Health-Reviews.com (“Defendant”). The docket reflects
that Defendant was served on August 21, 2017 [ECF No. 7], and it has failed to appear or
plead in the case.
Pursuant to Rule 55(a), Fed. R. Civ. P., “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.” The clerk
entered default against Defendant on September 15, 2017. [ECF No. 9]. Default having
been entered against Defendant, it is deemed to have admitted the factual allegations of
the complaint against it. All that remains is assessing the amount of damages against
Defendant. Defendant has until December 7, 2017, to file a response in opposition to
Plaintiff’s motion for default judgment. If Defendant fails to respond substantively and
adequately, the court may grant the motion and enter default judgment against it.

Defendant’s filing in opposition to the motion should be titled “Response to Motion for
Default Judgment.”
IT IS SO ORDERED.

November 7, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

Federal Rule of Civil Procedure 55. Default; Default Judgment
(a) Entering a Default. 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.
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be
made certain by computation, the clerk--on the plaintiff's request, with an affidavit
showing the amount due--must enter judgment for that amount and costs against a
defendant who has been defaulted for not appearing and who is neither a minor
nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to the court for a default
judgment. A default judgment may be entered against a minor or incompetent
person only if represented by a general guardian, conservator, or other like
fiduciary who has appeared. If the party against whom a default judgment is
sought has appeared personally or by a representative, that party or its
representative must be served with written notice of the application at least 7 days
before the hearing. The court may conduct hearings or make referrals--preserving
any federal statutory right to a jury trial--when, to enter or effectuate judgment, it
needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other matter.
(c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of
default for good cause, and it may set aside a final default judgment under Rule 60(b).
(d) Judgment Against the United States. A default judgment may be entered against the
United States, its officers, or its agencies only if the claimant establishes a claim or right
to relief by evidence that satisfies the court.