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Ciasulli v. Hartmann

United States District Court, D. New Jersey
Jan 20, 2009
CIVIL ACTION NO. 08-5544 (JLL) (D.N.J. Jan. 20, 2009)

Summary

denying motion for default judgment without prejudice where, among other things, plaintiff failed "to provide ... legal argument ... substantiating the [damages] requested"

Summary of this case from Golden Triangle Vein Ctr. v. Total Body Contouring Inc.

Opinion

CIVIL ACTION NO. 08-5544 (JLL).

January 20, 2009


ORDER


Currently pending before this Court is Plaintiff Timothy Ciasulli's ("Plaintiff") motion for default judgment. (Docket Entry #7.) An application for entry of default judgment must contain evidence, by affidavits and documents, of: (1) the entry of default pursuant to F.R.C.P. 55(a); (2) the absence of any appearance by any party to be defaulted; (3) that the defendant is neither an infant nor an incompetent; (4) that the defendant has been validly served with all pleadings; (5) the amount of judgment and how it was calculated; (6) and an affidavit of non-military service in compliance with the Soldiers and Sailors' Relief Act. GE Healthcare Fin. Servs. v. New Brunswick X-Ray Group, PA, No 05-833, 2007 WL 38851, at *3 (D.N.J. Jan. 4, 2007). Furthermore, though a court should accept as true the well-pleaded factual allegations of the Complaint, the Court need not accept the moving party's legal conclusions or factual allegations relating to the amount of damages. Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d Cir. 1990). Finally, in this Court's December 6, 2008 Order, Plaintiff was clearly instructed to "set forth with specificity the basis for all monetary relief being requested." (Docket Entry # 6) (emphasis added).

The present application requests $2,155,400.48 in damages but fails to provide any factual support, legal argument, affidavit, or certification substantiating the $1,077,505.24 requested pursuant to the New Jersey Consumer Fraud Act or the $538,752.62 requested in attorney's fees. (Docket Entry #7.)

In fact, the $538,752.62 in attorney's fees is exactly the same amount requested to pay off the lien on the Baia Panther boat.

IT IS THEREFORE on this 20th day of January, 2008,

ORDERED that Plaintiff's motion for default judgment (Docket Entry # 7) is denied without prejudice pending receipt by this Court of a certification or other document with accompanying appropriate evidence setting forth legal argument and factual support for Plaintiff's claim of $2,155,400.48 in damages.

SO ORDERED.


Summaries of

Ciasulli v. Hartmann

United States District Court, D. New Jersey
Jan 20, 2009
CIVIL ACTION NO. 08-5544 (JLL) (D.N.J. Jan. 20, 2009)

denying motion for default judgment without prejudice where, among other things, plaintiff failed "to provide ... legal argument ... substantiating the [damages] requested"

Summary of this case from Golden Triangle Vein Ctr. v. Total Body Contouring Inc.

denying motion for default judgment without prejudice because plaintiff failed to provide factual and legal support for its claim for damages

Summary of this case from Cohen v. Skepple

denying motion for default judgment without prejudice because plaintiff failed to provide factual and legal support for its claim for damages

Summary of this case from Bank of Nova Scotia v. Abdallah
Case details for

Ciasulli v. Hartmann

Case Details

Full title:TIMOTHY CIASULLI, Plaintiff, v. RANDY HARTMANN and LAKE CUMBERLAND MARINE…

Court:United States District Court, D. New Jersey

Date published: Jan 20, 2009

Citations

CIVIL ACTION NO. 08-5544 (JLL) (D.N.J. Jan. 20, 2009)

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