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PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Group, Inc.

246 F.R.D. 17 (D.D.C. 2007)
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PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Group, Inc.

11 Citing cases

  1. Zaldaña v. Morrogh

    Civil Action 20-3810 (RC) (D.D.C. Jan. 24, 2022)

    Although “[a] default judgment establishes the defaulting party's liability for every well-plead[ed] allegation in the complaint, ” it “does not automatically establish liability in the amount claimed by the plaintiff.” PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Grp., Inc., 246 F.R.D. 17, 18 (D.D.C. 2007) (citing Adkins v. Teseo, 180 F.Supp.2d 15, 17 (D.D.C. 2001) and Shepherd v. Am. Broad. Cos., 862 F.Supp. 486, 491 (D.D.C. 1994), 5 vacated on other grounds, 62 F.3d 1469 (D.C. Cir. 1995)); see also Fed. R. Civ. P. 55(b)(2). Instead, “the Court is required to make an independent determination of the amount of damages to be awarded, unless the amount of damages is certain.”

  2. 4221 Monaco St. L.L.L.P. v. Frankle

    Civil Action 22-cv-01813-RM-KLM (D. Colo. Nov. 2, 2022)   Cited 1 times

    In addition, Fed.R.Civ.P. 54(d)(1) provides that “costs-other than attorney's fees-should be allowed to the prevailing party,” and Rule 55 also provides for such an award. See also PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Grp., Inc., 246 F.R.D. 17, 18 (D.D.C. 2007) (“Rule 55(b)(2) authorizes the Court to enter a default judgment for the amount claimed plus costs.”)

  3. Iron Workers Dist. Council of S. Ohio & Vicinity Benefit Tr. v. Matheny & Sons Gen. Contracting LLC

    3:21-cv-81 (S.D. Ohio Sep. 9, 2021)

    See Citizens Bank, 376 Fed.Appx. at 501; United States v. Thomas, No. 3:14-cv-318, 2015 WL 1324379, at *1 (N.D. Ohio Feb. 17, 2021) (citing PT (Persero) Merpati Nusantara Airlines v. Aircraft Leasing Grp., 246 F.R.D. 17 (D.D.C. 2007)).

  4. Jackson v. Contemporary Family Servs.

    Civil Action No. 18-2349 (JDB) (D.D.C. Oct. 31, 2019)   Cited 1 times

    However, although a "default judgment establishes the defaulting party's liability for every well-pled allegation in the complaint," it does not "automatically establish liability in the amount claimed by the plaintiff." PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Grp., Inc., 246 F.R.D. 17, 18 (D.D.C. 2007) (citing Adkins v. Teseo, 180 F. Supp. 2d 15, 17 (D.D.C. 2001)). Courts must "make an independent determination of the amount of damages to be awarded, unless the amount of damages is certain."

  5. Gomez-Cruz v. Cornerstone Café, Inc.

    Case No. 18-cv-1145 (APM) (D.D.C. May. 3, 2019)

    Even though a defendant has not appeared, the court may still deny a motion for default judgment "where the allegations of the complaint, even if true, are legally insufficient to make out a claim." Gutierrez v. Berg Contracting Inc., No. CIV. A. 99-3044-TAF, 2000 WL 331721, at *2 (D.D.C. Mar. 20, 2000); see also PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Grp., Inc., 246 F.R.D. 17, 18 (D.D.C. 2007) ("A default judgment establishes the defaulting party's liability for every well-plead allegation in the complaint.") (emphasis added).

  6. Reyes v. Kimuell

    270 F. Supp. 3d 30 (D.D.C. 2017)   Cited 9 times
    In Reyes, this Court found that "the hours billed by counsel were reasonable because counsel expended a reasonable amount of time on each task, were successful in all of their motions, and did not bill for duplicative work."

    However, although "[a] default judgment establishes the defaulting party's liability for every well-plead allegation in the complaint," it does not "automatically establish liability in the amount claimed by the plaintiff." PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Grp., Inc. , 246 F.R.D. 17, 18 (D.D.C. 2007) (emphasis added) (citing Adkins v. Teseo , 180 F.Supp.2d 15, 17 (D.D.C. 2001) and Shepherd v. Am. Broad. Cos. , 862 F.Supp. 486, 491 (D.D.C. 1994), vacated on other grounds , 62 F.3d 1469 (D.C. Cir. 1995) ); see also Fed. R. Civ. P. 55(b)(2). Instead, "the Court is required to make an independent determination of the amount of damages to be awarded, unless the amount of damages is certain."

  7. United States v. Thomas

    Case No. 3:14-cv-318 (S.D. Ohio Feb. 17, 2015)

    However, a default judgment does not automatically establish the liability claimed by the non-defaulting party unless the amount is certain. PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Group, 246 F.R.D. 17 (D.D.C. 2007). The amount of damages remains to be proved unless the amount is liquidated or susceptible of mathematical computation.

  8. United States v. Thomas

    Case No. 3:14-cv-318 (S.D. Ohio Feb. 11, 2015)

    However, a default judgment does not automatically establish the liability claimed by the non-defaulting party unless the amount is certain. PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Group, 246 F.R.D. 17 (D.D.C. 2007). The amount of damages remains to be proved unless the amount is liquidated or susceptible of mathematical computation.

  9. Carazani v. Zegarra

    972 F. Supp. 2d 1 (D.D.C. 2013)   Cited 36 times   1 Legal Analyses
    Finding a 1:1 ratio sufficient to deter offenders where defendant forced plaintiff to work as an live-in domestic servant for seven days a week for three years and only paid a total of $8.50, threatened plaintiff with deportation, and recklessly disregarded her health.

    Although default judgment establishes the defaulting party's liability for every well-pleaded allegation in the complaint, it does not automatically establish liability in the amount claimed by the plaintiff. Shepherd v. Am. Broad. Cos., 862 F.Supp. 486, 491 (D.D.C.1994), vacated on other grounds,62 F.3d 1469 (D.C.Cir.1995); PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Grp., Inc., 246 F.R.D. 17, 18 (D.D.C.2007). Rather, “unless the amount of damages is certain, the court makes an independent determination as to the sum to be awarded.”

  10. F.C. Franchising Sys., Inc. v. Schweizer

    Case No. 1:11-cv-740 (S.D. Ohio May. 30, 2012)   Cited 13 times

    Plaintiff also seeks an order that Defendants shall pay the costs of the Court. (Doc. 11, Ex. 3). While an award of court costs may be appropriate upon entry of a default judgment, see PT (Persero) Merpati Nusantara Airlines v. Thirdstone Aircraft Leasing Group, Inc., et al., 246 F.R.D. 17, 18 (D.D.C. 2007), Plaintiff has failed to provide any evidence regarding the amount of these costs, and the Court cannot award costs without adequate evidentiary support. IV. CONCLUSION