Opinion
Case Number: 07-14253.
May 30, 2008
ORDER GRANTING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT [DE 24] and ORDER TO SHOW CAUSE
Before the Court is Plaintiff's Motion for Entry of Default Judgment [DE 24], against Defendant Dipiazza Mowett, Inc., filed pursuant to Fed.R.Civ.P. 55.
A clerk's entry of default was entered against Defendant Dipiazza Mowett, Inc. on December 10, 2007. Defendant did not respond.
Plaintiff has requested entry of judgment in the amount of $11,000 as exemplary damages. However, Plaintiff has failed to explain its basis for that amount. "Where damages are unliquidated a default admits only defendant's liability and the amount of damages must be proved." Antoine v. Atlas Turner, Inc. 66 F.3d 105, 110 (6th Cir. 1995) (citing Fehlhaber v. Fehlhaber, 681 F.2d 1015, 1026 (5th Cir. 1982) ( en banc), cert. denied, 464 U.S. 818 (1983); Kelley v. Carr, 567 F.Supp. 831, 841 (W.D.Mich. 1983)).
The Court being satisfied that the requirements for a default judgment have been met,
IT IS HEREBY ORDERED that Plaintiff's Motion for Entry of Default Judgment is GRANTED.
IT IS FURTHER ORDERED that Plaintiff must show cause by June 18, 2008, as to the basis for its $11,000 damages request.
SO ORDERED.