Lomenzo et al v. BL Imaging Inc et al

Filing 13

ORDER signed by Judge Rudolph T. Randa on 8/8/2014. Plaintiffs to file appropriate motion for default judgment within 10 days of the date of this Order. (cc: all counsel, via US mail to Steven Muckerheide)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ANDREW LOMENZO,
CARRIE JACKSON-ARDILA,
ERIN MADDOX, and
MITCHELL RASQUE,
Plaintiffs
-vs-

Case No. 14-C-138

BL IMAGING, Inc. d/b/a BACKLOT IMAGING,
and STEVEN MUCKERHEIDE,
Defendants.

DECISION AND ORDER
In this action under the Fair Labor Standards Act, the plaintiffs simultaneously
moved for entry of default and default judgment, which is not the correct procedure. Fed.
R. Civ. P. 55(a), 55(b). Nonetheless, the Clerk of Court correctly entered default against
BL Imaging, Inc. The plaintiffs should file an appropriate motion for default judgment
within ten (10) days of the date of this Order. See Domanus v. Lewicki, 742 F.3d 290,
303 (7th Cir. 2014), explaining that while a default judgment “conclusively establishes
liability, the victor must still prove up damages. Any allegations in the complaint relating
to liability are considered true, but allegations going to damages are not.”
Dated at Milwaukee, Wisconsin, this 8th day of August, 2014.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge