Summary
granting motion for default judgment but deferring judgment on damages pending supplemental filings from the plaintiff as to requested amounts where the plaintiff did "not specify how interest was calculated or the provision in the loan agreement that authorizes attorneys' fees"
Summary of this case from Tierpoint, LLC v. Gibraltar, LLCOpinion
Civil Action No. 09-2686.
April 18, 2011
ORDER
This matter having come before the Court upon Plaintiff's motion for default judgment (Doc. No. 87) against Defendant Thomas J. Ernst, as well as Mr. Ernst's motion to dismiss (Doc. No. 80) the case pursuant to N.J. Stat. Ann. § 14A: 13-20; and it appearing that Mr. Ernst's bankruptcy action has been dismissed, see In re: Thomas John Ernst, Bankr. No. 11-15669-MS, Doc. No. 16 (Bankr. D.N.J. Mar. 25, 2011); and this Court having considered the parties' submissions and decided the motions without oral argument pursuant to Federal Rule of Civil Procedure 78; and for the reasons set forth in the accompanying Memorandum Opinion;
IT IS THIS 18th day of April, 2011,
ORDERED that the bankruptcy stay recognized by this Court's Order of March 15, 2011 (Doc. No. 96) is hereby LIFTED; and it is further
ORDERED that Mr. Ernst's motion to dismiss (Doc. No. 80) is DENIED; and it is further
ORDERED that Plaintiff's motion for default judgment against Mr. Ernst (Doc. No. 87) is GRANTED. The Court will permit Plaintiff to file supplemental documentation regarding its claim for interest and reasonable attorneys' fees and costs no later than April 25, 2011. Mr. Ernst may file a responsive submission, limited to addressing Plaintiff's claim for interest and attorneys' fees and costs, no later than May 2, 2011.