Hurley v. Family Restaurants of Watertown, Inc., No. 7:2008cv00743 - Document 20 (N.D.N.Y 2009)

Court Description: DECISION and ORDER awarding Plaintiff damages in the amount of $35,290.00 againts Defts Family Restaurants of Watertown and Dynamic Enterprises. Signed by Senior Judge Thomas J. McAvoy on 7/1/09. (amt)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JARROD HURLEY, Plaintiff, v. 7:08-CV-743 FAMILY RESTAURANTS OF WATERTOWN, INC., and DYNAMIC ENTERPRISES, Defendants. -------------------------------THOMAS J. McAVOY United States District Judge DECISION and ORDER Plaintiff s motion for default judgement pursuant to Fed. R. Civ. P. 55(b)(2) was granted on the issue of liability in a decision by the Court dated January 21, 2009. Pursuant to the Court s direction, Plaintiff was directed to file with the Court, and serve on Defendants, affidavits and/or other evidence, admissible in form, substantiating his claim for damages. Defendants were then afforded an opportunity to file with the Court, and serve on Plaintiff, affidavits and/or other evidence, admissible in form, contesting or otherwise addressing Plaintiff s claim for damages. Defendants were also permitted to request an evidentiary hearing. Plaintiff has submitted evidence supporting damages in the amount of $35,290.00. Defendants have failed to file with the court evidence contesting or otherwise addressing Plaintiff s claim for damages or requesting an evidentiary hearing. Under Rule 55(b) "it [is] not necessary for the District Court to hold a hearing, as long as it ensured that there was a basis for the damages specified in the default judgment." Fustok v. ContiCommodity Services, Inc., 873 F.2d 38, 40 (2d Cir. 1989). The Court finds that Plaintiff s submissions form a proper basis for the requested damages. It is, therefore, ORDERED that: Judgement shall be entered against Defendants Family Restaurants of Watertown, Inc. and Dynamic Enterprises and in favor of Plaintiff in the amount of $35,290.00. IT IS SO ORDERED. Dated:July 1, 2009 -2-

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