Thomas v. Jin & Sang Corporation

Filing 17

ORDER by Judge Richard A Jones. The court DENIES Plaintiff's motions for default judgment, docket nos. 14 - 16 . (CL)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MYUNG THOMAS,

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Plaintiff,

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CASE NO. C13-1032 RAJ

v.

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JIN & SANG CORPORATION, et al.,

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Defendants.

ORDER DENYING DEFAULT
JUDGMENT

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This matter comes before the court on Plaintiff’s motions for default judgment

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against defendants Oston Tsevegmid, San Yun, and Jin & Sang Corporation. Dkt. # 14-

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16. Plaintiff filed suit against defendants for sexual harassment and hostile work

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environment under Title VII and the RCW 49.60 et al. (against defendants Jin & Sang

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Corporation and Yun),1 retaliation and constructive discharge (against defendants Jin &

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Sang Corporation and Yun) assault and battery (against defendant Tsevegmid), negligent

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and intentional infliction of emotional distress (against all defendants), and negligent

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retention and supervision (against defendants Jin & Sang Corporation and Yun). Dkt. #

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1. In her complaint, plaintiff sought an award of damages against all defendants jointly

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and severally “in an amount proven at the time of trial[,]” an award of prejudgment

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interests and costs incurred, an award of reasonable attorney fees and litigation expenses

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1

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Defendant Jin Rang Chung has been voluntarily dismissed from this action.

ORDER DENYING DEFAULT JUDGMENT – 1

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under RCW 49.60.030(2), and for such other and further relief as the court deems

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equitable and proper. Id. at 11.

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The court’s role in considering a motion for default judgment is not ministerial.

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The court must accept all well-pleaded allegations of the complaint as established fact,

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except facts related to the amount of damages. TeleVideo Sys., Inc. v. Heidenthal, 826

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F.2d 915, 917-18 (9th Cir. 1987). Where those facts establish a defendant’s liability, the

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court has discretion, not an obligation, to enter a default judgment. Aldabe v. Aldabe, 616

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F.2d 1089, 1092 (9th Cir. 1980); Alan Neuman Productions, Inc. v. Albright, 862 F.2d

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1388, 1392 (9th Cir. 1988). The plaintiff must provide evidence to support a claim for a

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particular sum of damages. TeleVideo Sys., 826 F.2d at 917-18; see also Fed. R. Civ. P.

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55(b)(2)(B). Where the plaintiff cannot prove that the sum he seeks is “a liquidated sum

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or capable of mathematical calculation,” the court must conduct a hearing or otherwise

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ensure that the damage award is appropriate. Davis v. Fendler, 650 F.2d 1154, 1161 (9th

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Cir. 1981).

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For several reasons, the court cannot award this judgment.

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First, none of the declarations filed in support of any of the motions comply with

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28 U.S.C. § 1746. Second, plaintiff has not provided adequate legal and/or factual

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authority to support an award for the $3,000.00 requested for emotional distress,2 for the

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$45,000 request for punitive damages,3 or for interest on front and back pay. Third, the

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court questions whether the attorney’s fees request is reasonable where time was spent on

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drafting discovery prior to any defendant making an appearance and where counsel

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charged time to correct mistakes.
The court DENIES Plaintiff’s motions for default judgment for the reasons stated

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above. Dkt. ## 14-16. This ruling is without prejudice to a renewed motion for default

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The court’s concern here is causation.
The court notes that plaintiff’s complaint did not request punitive damages. Dkt. # 1 at 11
(Relief Sought).

ORDER DENYING DEFAULT JUDGMENT – 2

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judgment that addresses the concerns the court raised in this order. If plaintiff files a

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renewed motion for default judgment, she shall file one motion with supporting

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documentation addressing all three defendants. To the extent the combined filing

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exceeds 50 pages in length, plaintiff must deliver a courtesy copy to this court that abides

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by the Local Rules, including, Local Rules W.D. Wash. CR 10(e)(6), (9), and (10).

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DATED this 19th day of December, 2013.

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A
The Honorable Richard A. Jones
United States District Judge

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ORDER DENYING DEFAULT JUDGMENT – 3