Replies to post #153825 on Conversion Solutions Holdings (fka CSHD)

[sc4good]

Rightttt, thats what the court hopes will happen.LoLLLL

[mastaflash]

Spin this:


Rule 55 states in relevant part as follows:12(b)

[Default] Judgment. Judgment by default may be entered as follows:

(1) By the Clerk. When the plaintiff’s claim against a defendant is for a sumcertain or for a sum which can by computation be made certain, the clerk upon request ofthe plaintiff and upon affidavit of the amount due shall enter judgment for that amountand costs against the defendant, if the defendant has been defaulted for failure to appearand is not an infant or incompetent person.

(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian,committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party(or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States.

Rule 55(b)(2),

which covers “all other cases,” requires the district court to hold an evidentiary hearing “to determine the amount” of losses avoided. E.g.,Adolph Coors Co. v. Movement Against Racism and the Klan, 777 F.2d 1538,1543 (11th Cir. 1985) (“[J]udgment of default awarding cash damages could not properly be entered ‘without a hearing unless the amount claimed is a liquidated sum or one capable of mathematical calculation.’” (quoting United Artists Corp.v. Freeman, 605 F.2d 854, 857 (5th Cir.1979))); Lowe v. McGraw-Hill Cos., 361F.3d 335, 339-40 (7th Cir. 2004) (“The Federal Rules of Civil Procedure make a clear distinction between the entry of default and the entry of a default judgment.


Trial by jury is still possible if the judge so chooses. Your dreaming if you thing this is over.