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Centurylink v. Logic Tree LLC

United States District Court, D. Colorado

January 8, 2015

CENTURYLINK, successor in interest to Qwest Communications Corporation, Plaintiff,
v.
LOGIC TREE LLC, successor in interest to Logic Tree Corporation, Defendant.

REPORT AND RECOMMENDATION on PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (Docket No. 10)

MICHAEL J. WATANABE, Magistrate Judge.

Plaintiff has moved for default judgment. (Docket 10.) The Court has reviewed the motion and its attached exhibits, taken judicial notice of the court's file in this case, and reviewed the applicable Federal Rules of Civil Procedure, case law, and statutes. Now being fully informed, the Court makes the following findings, conclusions, and recommendation that the motion be granted.

Discussion

Plaintiff filed its complaint on October 7, 2014. (Docket No. 1.) The prayer for relief states:

WHEREFORE, CTL requests judgment against Logic Tree in the underlying amount of $681, 024.99, plus prejudgment and post-judgment interest, plus costs, attorneys' fees and such other relief as this Court deems appropriate. (Docket No. 1, p. 7.) No equitable relief is requested; accordingly, the complaint is a claim for a sum certain.[1] On October 29, 2014, Plaintiff filed proof that Defendant had been personally served in compliance with Federal Rule of Civil Procedure 4. (Docket No. 6.) No imperfections or irregularities appear on the face of the proof of service. ( See id. ) Following Plaintiff's motion for default judgment, the clerk entered default under Rule 55(a). (Docket No. 12.)

Federal Rule of Civil Procedure 55(b) provides in part:

(b) ENTERING A DEFAULT JUDGMENT.
(1) By the Clerk . If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk-on the plaintiff's request, with an affidavit showing the amount due-must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.

Fed. R. Civ. P. 55(b)(1). Unlike Rule 55(b)(2), a party need not "apply to the court for a default judgment"; if the conditions of Rule 55(b)(1) are met, the Clerk of Court must enter judgment.

This district's local rules further provide:

D.C.COLO.LCivR 55.1 DEFAULT JUDGMENT FOR A SUM CERTAIN (a) Required Showing. To obtain a default judgment under Fed.R.Civ.P. 55(b)(1), a party shall show by motion supported by affidavit:
(1) that the defendant who has been defaulted:
(A) is not a minor or an incompetent person;
(B) is not in the military service, as set forth in the Servicemembers Civil Relief Act, 50 App. U.S.C. ยง 521, Protection of ...

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