Direct Supply Inc v. Syracuse Assisted Living Phase I LLC

Filing 10

ORDER signed by Judge J.P. Stadtmueller on 5/4/2018: GRANTING 7 Plaintiff's Motion for Default Judgment; ORDERING that Defendant pay to Plaintiff the total sum of $122,387.80 together with post-judgment interest as provided by law; and DISMISSING CASE. See Order for further details. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DIRECT SUPPLY INC.,
Plaintiff,
v.
SYRACUSE ASSISTED LIVING
PHASE I LLC, doing business as
RAINTREE SENIOR LIVING,

Case No. 18-CV-364-JPS

ORDER

Defendant.
Plaintiff asserts a breach of contract action against Defendant.
(Docket #1). On April 10, 2018, Plaintiff requested entry of default against
Defendant. (Docket #5). The Clerk of Court entered default that day. On
April 12, 2018, Plaintiff moved for default judgment. (Docket #7). No
response to the motion has been received, and the time in which to do so
has expired. Civ. L. R. 7(b).
Because the Clerk of Court has entered default against 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). However, that does not
relieve Plaintiff of 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) (quoting In re Catt, 368 F.3d 789, 793

(7th Cir. 2004)). 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. (quoting Dundee Cement Co. v. Howard Pipe &
Concrete Prods., Inc., 722 F.2d 1319, 1323 (7th Cir. 1983)).
Plaintiff claims the following items of damages:
1)

The balance of the contract price of $110,841.80; and

2)

Interest as provided by Wisconsin law of $11,546.00.

See (Docket #9 at 2). These figures total $122,387.80.
Here, the claimed amounts are easily capable of ascertainment from
the allegations of the Complaint and the affidavits and exhibits
accompanying Plaintiff’s motion. This information demonstrates that
Defendant breached its agreement with Plaintiff and owes both the balance
of the contract price and interest as provided by Wisconsin law. 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 amounts are reasonably certain and well-supported, the
Court will now grant Plaintiff’s requested default judgment and award it
the requested amounts for those items. Breuer Elec. Mfg. Co. v. Toronado Sys.
of Am., Inc., 687 F.2d 182, 186 (7th Cir. 1982).
Accordingly,
IT IS ORDERED that Plaintiff’s motion for default judgment
(Docket #7) be and the same is hereby GRANTED; Defendant shall pay to
Plaintiff the total sum of $122,387.80 together with post-judgment interest
as provided by law; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED.
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The Clerk of Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 4th day of May, 2018.
BY THE COURT:

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

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