Opinion
Civ. 19- 08757 (KM)(JBC)
06-10-2021
KARINA E. JAMES, Plaintiff, v. DR. SUNIL PATEL, NIMISH PATEL, AMIT VAJAWALA, and ISELIN ADULT MEDICAL DAY CARE, Defendants.
ORDER
Kevin McNulty United States District Judge.
This matter comes before the Court on the motion (DE 25) of Plaintiff Karina E. James for an amended default judgment.
IT APPEARING that James, proceeding pro se, initiated this action against Dr. Sunil Patel, Nimish Patel, Amit Vajawala, and Iselin Adult Medical Day Care, asserting federal employment discrimination claims (DE 1); and
IT FURTHER APPEARING that on October 19, 2020, the Court, upon James's motion, entered an order of default judgment totaling $110,000 (DE 11, 17, 18); and
IT FURTHER APPEARING that on March 17, 2021, James moved for an amended default judgment ordering that defendants Dr. Sunil Patel, Nimish Patel, and Amit Vajawala each pay James $110,000, totaling $330,000 (DE 25); and
IT FURTHER APPEARING that a district court, on a motion for default judgment, need not accept a plaintiff's allegations of damages, rather a plaintiff must prove damages, United States v. $240,431 in U.S. Currency, Civ. No. 19-12834, 2020 WL 1182909, at *3 (D.N.J. Mar. 11, 2020); and
IT FURTHER APPEARING that the damages sought in the complaint and motion for default judgment only totaled $110,000 (DE 1 at 8; DE 11 at 1; DE 17 at 1), so the pleadings and motion do not provide notice that $330,000 is sought; and
IT FURTHER APPEARING that the damages sought, stemming from James' employment with Defendants, are not of a nature that they would be owed duplicatively by each defendant (see DE 1 at 8);
IT IS THEREFORE this 10th day of June, 2021, ORDERED that Plaintiff's motion for an amended default judgment (DE 25) is DENIED. The clerk shall close the file.