PORTAL v. LEVINE

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

CHAMBERS OF MARTIN LUTHER KING COURTHOUSE MADELINE COX ARLEO 50 WALNUT ST. ROOM 4066 UNITED STATES DISTRICT JUDGE NEWARK, NJ 07101 973-297-4903

October 20, 2020

VIA ECF

LETTER ORDER

Re: Portal, et al. v. Levine, et al., Civil Action No. 19-19611_________________________________________

Dear Litigants: This matter comes before the Court on Plaintiffs’ Motion for Judgment by Default pursuant to Federal Rule of Civil Procedure 55(b), ECF No. 25. Plaintiffs submit the Motion without a brief in support. Absent a brief, it is unclear under which causes of action Plaintiffs move for default judgment. The Motion is DISMISSED without prejudice, and Plaintiffs may refile the Motion with a brief to address which causes of action they move under and how damages ought to be calculated. See Chanel, Inc. v. Gordashevsky, 558 F. Supp. 2d 532, 536, 538 (D.N.J. 2008) (holding that before entering a default judgment a court must determine whether the plaintiff’s complaint sufficiently pleads a cause of action and whether the plaintiff has proved damages). SO ORDERED.

/s Madeline Cox Arleo__________ MADELINE COX ARLEO UNITED STATES DISTRICT JUDGE