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Himolla Postermobil GmgH v. ACW Distribution LLC

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Apr 16, 2015
Civil No.: 14-5401 (KSH) (CLW) (D.N.J. Apr. 16, 2015)

Opinion

Civil No.: 14-5401 (KSH) (CLW)

04-16-2015

HIMOLLA POLSTERMOBEL GmgH, Plaintiff, v. ACW DISTRIBUTION LLC and EXCLUSIVE FURNITURE BAVARIA LLC. Defendants.


OPINION AND ORDER FOR DEFAULT JUDGMENT

Plaintiff filed this motion for default judgment on January 23, 2015 [D.E. 19], after the Clerk entered default on December 22, 2015. It requests the Court to enter judgment in its favor in the amount of $106,133.13, which is an increase from the $104,444.00 it sought in its complaint. [D.E. 1.] Plaintiff's rationale for the increase is that it used an improper conversation rate when it initially calculated the damages it seeks in this lawsuit. However, a "default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings," Fed. R. Civ. P. 54(c), because the defendant is entitled to rely on the amount sought in the complaint when deciding whether to expend the time and money to defend the action. Silge v. Merz, 510 F.3d 157, 159 (2nd Cir. 2007). The Court is therefore limited to awarding the amount of relief requested in plaintiff's complaint.

IT IS on this 16th day of April, 2015,

ORDERED that the motion for default judgment is granted and judgment is entered in favor of plaintiff against defendants in the sum of $104,444.00 plus costs.

/s/ Katharine S. Hayden

Katharine S. Hayden, U.S.D.J.


Summaries of

Himolla Postermobil GmgH v. ACW Distribution LLC

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Apr 16, 2015
Civil No.: 14-5401 (KSH) (CLW) (D.N.J. Apr. 16, 2015)
Case details for

Himolla Postermobil GmgH v. ACW Distribution LLC

Case Details

Full title:HIMOLLA POLSTERMOBEL GmgH, Plaintiff, v. ACW DISTRIBUTION LLC and…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Apr 16, 2015

Citations

Civil No.: 14-5401 (KSH) (CLW) (D.N.J. Apr. 16, 2015)