WASHINGTON v. CCS COMMERCIAL LLC

M.D. Georgia

WASHINGTON v. CCS COMMERCIAL LLC

DecidedApril 21, 2022

Docket5:21-cv-00425

StatusUnknown

This text of WASHINGTON v. CCS COMMERCIAL LLC (WASHINGTON v. CCS COMMERCIAL LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

WASHINGTON v. CCS COMMERCIAL LLC, (M.D. Ga. 2022).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MADILYNN WASHINGTON, Plaintiff, v. CIVIL ACTION NO. 5:21-cv-00425-TES CCS COMMERCIAL LLC, Defendant.

ORDER GRANTING DEFAULT JUDGMENT

Before the Court is Plaintiff Madilynn Washington’s Motion for Entry of Default Judgment [Doc. 5] on her claims against Defendant CCS Commercial LLC. Plaintiff effected service on Defendant and, after Defendant failed to make an appearance in the case, sought and received an entry of default from the Clerk of Court on March 18, 2022. At a party's request and following the Clerk's entry of default, the Court may enter a default judgment against a defendant who has failed to plead or otherwise defend. See Fed. R. Civ. P. 55; Solaroll Shade and Shutter Corp. v. Bio-Energy Sys., Inc., 803 F.2d 1130, 1134 (11th Cir. 1986). Entry of default judgment is committed to the discretion of the Court. Hamm v. Dekalb Cnty., 774 F.2d 1567, 1576 (11th Cir. 1985). However, default judgment does not follow automatically from an entry of default. The Court “must ensure that the well-pleaded allegations in the complaint, which are taken as true due to the default, actually state a substantive cause of action and that there is a substantive, sufficient basis in the pleadings for the particular relief sought.” Tyco Fire &

Sec., LLC v. Alcocer, 218 F. App'x 860, 863 (11th Cir. 2007). As to requests for damages, the Court may conduct evidentiary hearings, although “no such hearing is required where all essential evidence is already of record.” SEC v. Smyth, 420 F.3d 1225, 1232 n.13

(11th Cir. 2005). In this action, the Court takes the allegations of Plaintiff’s Complaint [Doc. 1] as true under Federal Rule of Civil Procedure 55(b). The Court GRANTS Plaintiff’s

Motion for Entry of Default Judgment [Doc. 5] against Defendant. As a result, Defendant is ORDERED to pay Plaintiff $1,000.00 in actual damages and $1,000.00 in statutory damages, plus costs and attorney’s fees pursuant to Fed. R. Civ. P. 54(d). SO ORDERED, this 20th day of April, 2022.

S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MADILYNN WASHINGTON, Plaintiff, v. CIVIL ACTION NO. 5:21-cv-00425-TES CCS COMMERCIAL LLC, Defendant.

ORDER GRANTING DEFAULT JUDGMENT

Before the Court is Plaintiff Madilynn Washington’s Motion for Entry of Default Judgment [Doc. 5] on her claims against Defendant CCS Commercial LLC. Plaintiff effected service on Defendant and, after Defendant failed to make an appearance in the case, sought and received an entry of default from the Clerk of Court on March 18, 2022. At a party's request and following the Clerk's entry of default, the Court may enter a default judgment against a defendant who has failed to plead or otherwise defend. See Fed. R. Civ. P. 55; Solaroll Shade and Shutter Corp. v. Bio-Energy Sys., Inc., 803 F.2d 1130, 1134 (11th Cir. 1986). Entry of default judgment is committed to the discretion of the Court. Hamm v. Dekalb Cnty., 774 F.2d 1567, 1576 (11th Cir. 1985). However, default judgment does not follow automatically from an entry of default. The Court “must ensure that the well-pleaded allegations in the complaint, which are taken as true due to the default, actually state a substantive cause of action and that there is a substantive, sufficient basis in the pleadings for the particular relief sought.” Tyco Fire &

Sec., LLC v. Alcocer, 218 F. App'x 860, 863 (11th Cir. 2007). As to requests for damages, the Court may conduct evidentiary hearings, although “no such hearing is required where all essential evidence is already of record.” SEC v. Smyth, 420 F.3d 1225, 1232 n.13

(11th Cir. 2005). In this action, the Court takes the allegations of Plaintiff’s Complaint [Doc. 1] as true under Federal Rule of Civil Procedure 55(b). The Court GRANTS Plaintiff’s

Motion for Entry of Default Judgment [Doc. 5] against Defendant. As a result, Defendant is ORDERED to pay Plaintiff $1,000.00 in actual damages and $1,000.00 in statutory damages, plus costs and attorney’s fees pursuant to Fed. R. Civ. P. 54(d). SO ORDERED, this 20th day of April, 2022.

S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

Cite This Page — Counsel Stack

Bluebook (online)

WASHINGTON v. CCS COMMERCIAL LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-ccs-commercial-llc-gamd-2022.

Opinion

Related

Cite This Page — Counsel Stack