Case 1:18-cv-01011-RMC Document 42 Filed 08/09/19 Page 6 of 19
summons and complaint, the entry of a default, or the motion for default judgment.” Int’l
Painters, 531 F. Supp. 2d at 57 (quoting Gutierrez v. Berg Contracting Inc., No. 99-3044, 2000
WL 331721, at *1 (D.D.C. Mar. 20, 2000)). Given “the absence of any request to set aside the
default or suggestion by the defendant that it has a meritorious defense,” courts have found that
the plaintiff has satisfied the standard for default judgment. Id. (quoting Gutierrez, 2000 WL
331721, at *1).
B. Damages
Once the Court has established liability, “the court must make an independent
evaluation of the damages to be awarded and has ‘considerable latitude in determining the
amount of damages.’” Sanchez v. Devashish Hosp., LLC, 322 F.R.D. 32, 35 (D.D.C. 2017)
(quoting Ventura v. L.A. Howard Constr. Co., 134 F. Supp. 3d 99, 103 (D.D.C. 2015) and Elite
Terrazzo Flooring, 763 F. Supp. 2d at 67). To determine whether there is a basis to determine
damages, “a plaintiff must ‘prove [her] entitlement’ to the relief requested using ‘detailed
affidavits or documentary evidence on which the court may rely.’” Ventura, 134 F. Supp. 3d at
103 (quoting Boland v. Providence Constr. Corp., 304 F.R.D. 31, 36 (D.D.C. 2014)).
“Ultimately, what matters is that the court ‘ensures that there is a basis for the damages specified
in the default judgment.’” Pescatore v. Palmera Pineda, 345 F. Supp. 3d 68, 71 (D.D.C. 2018)
(quoting Fanning v. Wegco, Inc., 5 F. Supp. 3d 1, 4 (D.D.C. 2013)). A court may conduct a
hearing to set the amount of damages, see Fed. R. Civ. P. 55(b)(2), but it is not required to do so
as long as there is a basis for the damages specified in the motion for default judgment. See
Ventura, 134 F. Supp. 3d at 103.
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