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

Filing 18

ORDER directs Plaintiffs to supplement their motion for default judgment, explaining the type and amount of damages they seek by May 8, 2018. The clerk is directed to send a copy of this order, together with a copy of the orde r directing Defendant to file a response in opposition to Plaintiffs' motion for default judgment [ECF No. 12] to J-H-R at the address at which it was served with the summons and complaint. Signed by Magistrate Judge Shiva V Hodges on 2/23/2018. (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-MGL-SVH

ORDER

This matter comes before the court on Plaintiffs’ motion for default
judgment as to Defendant Joint-Health-Reviews.com (“J-H-R”). [ECF No. 10].
The motion was referred to the undersigned by order of the Honorable Terry
L. Wooten, Chief United States District Judge, 1 dated November 6, 2017.
[ECF No. 13].
Plaintiffs filed proof of service on September 1, 2017. 2 [ECF No. 7].
Plaintiffs requested an entry of default against J-H-R on September 14, 2017,
asserting that it was served with copies of the summons and complaint on
August 21, 2017, and had failed to answer or otherwise plead. [ECF No. 8].
The case was subsequently reassigned to the Honorable Mary Geiger Lewis,
United States District Judge. [ECF No. 15].
2 A FedEx proof-of-delivery form indicates the summons and complaint were
delivered to 900 S. Figueroa St, Los Angeles, CA 90015, and were signed for
by “A. SANCHEZ.” [ECF No. 7 at 3].
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The clerk entered default against J-H-R on September 15, 2017. [ECF
No. 9]. Default having been entered against J-H-R, it is deemed to have
admitted the factual allegations of the complaint against it. All that remains
is assessing the amount of damages.
Pursuant to Rule 55(b)(2), Fed. R. Civ. P., “[t]he 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 . . . (B) determine the
amount of damages.” Because Plaintiffs have not presented evidence to the
court as to the amount of damages, a hearing is required. The court permits
Plaintiffs until April 24, 2018, to take limited discovery to better ascertain JH-R’s profits. The court directs Plaintiffs to supplement their motion for
default judgment, explaining the type and amount of damages they seek by
May 8, 2018. A hearing will be scheduled thereafter.
The clerk is directed to send a copy of this order, together with a copy of
the order directing Defendant to file a response in opposition to Plaintiffs’
motion for default judgment [ECF No. 12] to J-H-R at the address at which it
was served with the summons and complaint.
IT IS SO ORDERED.
February 23, 2018
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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