RehabCare Group East Inc v. Milwaukee Health Care LLC

Filing 10

ORDER signed by Judge J.P. Stadtmueller on 8/30/2017 GRANTING 8 Plaintiff's Motion for Default Judgment. Defendant to pay to Plaintiff compensatory damages in the amount of $598,228.27, together with pre-judgment interest through 8/1/20 17 in the amount of $329,997.93 with per diem interest in the amount of $295.03 for each day thereafter until entry of judgment, as well as attorney's fees in the amount of $12,639.00, costs in the amount of $588.69, and post-judgment interest as provided by law. Action DISMISSED. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
REHABCARE GROUP EAST INC., d/b/a
REHABCARE,
Plaintiff,

Case No. 17-CV-815-JPS

v.
MILWAUKEE HEALTH CARE LLC,
d/b/a WELLSPRING OF MILWAUKEE,

ORDER

Defendant.
Plaintiff filed this action on June 9, 2017, alleging claims arising from
Defendant’s failure to pay for therapy services pursuant to a contract.
(Docket #1). Defendant was served with process on June 13, 2017. (Docket
#4). Defendant did not appear or otherwise defend this action within the
time provided by the Federal Rules of Civil Procedure, and so the Clerk of
the Court, at Plaintiff’s request, entered default against Defendant on July
18, 2017. (Docket #6).
On August 4, 2017, Plaintiff filed a motion for entry of a default
judgment against Defendant. (Docket #8). Plaintiff’s certificate of service
reflects that Defendant was served with this motion by certified mail on the
date it was filed. (Docket #9). Defendant has not responded to the motion
in any fashion, and the deadline for doing so has expired. See Civ. L. R. 7(b);
Fed. R. Civ. P. 6(d) (providing three additional days to respond to motions
served by mail). As a result, the Court treats the motion as unopposed. Civ.
L. R. 7(d).
Because the Clerk of Court has entered default against the
defendant, the Court must accept all well-pleaded facts relating to liability

as true. Graham v. Satkoski, 51 F.3d 710, 713 (7th Cir. 1995). The facts pleaded
in the complaint establish Defendant’s liability. (Docket #1 at 3–6). Plaintiff
nevertheless bears the responsibility to prove up its damages under Rule
55(b)(2) of the Federal Rules of Civil Procedure. Indeed, “even when a
default judgment is warranted based on a party’s failure to defend, the
allegations in the complaint with respect to the amount of the damages are
not deemed true,” and the Court must conduct an inquiry to ascertain the
amount of damages with reasonable certainty. e360 Insight v. The Spamhaus
Project, 500 F.3d 594, 602 (7th Cir. 2007). Judgment by default may not be
entered without a hearing on damages unless “the amount claimed is
liquidated or capable of ascertainment from definite figures contained in
the documentary evidence or in detailed affidavits.” Id.
Here, Plaintiff seeks the following damages: (1) compensatory
damages of $598,228.27; (2) pre-judgment interest through August 1, 2017
in the amount of $329,997.93 with per diem interest in the amount of $295.03
for each day thereafter until entry of judgment; (3) post-judgment interest
from the date of judgment; (4) attorney’s fees in the amount of $12,639.00;
and (5) costs of this action in the amount of $588.69. (Docket #8 at 2).
Plaintiff’s evidentiary submissions, including an affidavit by one of its
attorneys and an affidavit from its custodian of records, support each of
these requested items. See (Docket #8-1, #8-2). Thus, the Court having
determined “that defendant[] [is] liable to plaintiff as to each cause of action
alleged in the complaint” by its entry of default, and that Plaintiff’s claimed
damages are reasonably certain and well-supported, the Court will now
grant the request for a default judgment and award Plaintiff its requested
damages. Breuer Elec. Mfg. Co. v. Toronado Sys. of Am., Inc., 687 F.2d 182, 186
(7th Cir. 1982).
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Accordingly,
IT IS ORDERED that Plaintiff’s motion for default judgment
(Docket #8) be and the same is hereby GRANTED; Defendant shall pay to
Plaintiff compensatory damages in the amount of $598,228.27, together
with pre-judgment interest through August 1, 2017 in the amount of
$329,997.93—with per diem interest in the amount of $295.03 for each day
thereafter until entry of judgment, as well as attorney’s fees in the amount
of $12,639.00, costs in the amount of $588.69, and post-judgment interest as
provided by law; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED.
The Clerk of Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 30th day of August, 2017.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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