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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

RENEE CROFT, 

Plaintiff, 

v. 

ALD, LLC, ET AL., 

Defendants. 

Case No. 15-10077 

SENIOR U.S. DISTRICT JUDGE 

ARTHUR J. TARNOW

U.S. MAGISTRATE JUDGE 

DAVID R. GRAND

 / 

ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT

 Before the Court is Plaintiff’s Motion for Default Judgment [25] against 

Defendants ALD, LLC, Davis, and Foley. Plaintiff filed a Complaint [1] on 

January 9, 2015, alleging violations of 15 U.S.C. § 1692, the Fair Debt Collection 

Practices Act (“FDCPA”), M.C.L. § 339.901, the Michigan Occupational Code 

(“MOC”), and M.C.L. § 445.251, the Michigan Collection Practices Act 

(“MCPA”). 

 Defendant ALD filed an Answer [6] to Plaintiff’s Complaint on March 13, 

2015. The Court later granted Plaintiff’s Motion to Strike the Answer [7], on the 

grounds that Defendant filed its Answer without entering an appearance in this 

Court through Counsel [11]. Since the commencement of this lawsuit, it does not 

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appear that Defendants have retained counsel; no Notice of Appearance by an 

attorney has been filed on behalf of Defendants. 

 Plaintiff requested Clerk’s Entry of Default as to Defendant ALD on 

October 14, 2015 [13]. The Clerk of the Court entered Default as to ALD on 

October 16, 2015 [14]. Plaintiff subsequently requested Clerk’s Entry of Default as 

to Defendants Davis and Foley on August 30, 2016 [21]. The Clerk of the Court 

entered Default against both defendants on September 1, 2016 [22, 23]. See Fed. R. 

Civ. P. 55(a) (“When a party against whom a judgment for affirmative relief is 

sought has failed to plead or otherwise defend, and that failure is shown by 

affidavit or otherwise, the clerk must enter the party’s default.”). Plaintiff now 

moves for an entry of Default Judgment as to all Defendants [25]. 

The Court will enter default judgment against all Defendants after a hearing 

has been held to determine the amount of damages. “Where damages are 

unliquidated a default admits only [the defaulting party’s] liability and the amount 

of damages must be proved.” Vesligaj v. Peterson, 331 F. App’x 351, 355 (6th 

Cir. 2009) (unpublished) (quoting Antoine v. Atlas Turner, Inc., 66 F.3d 105, 110 

(6th Cir. 1995)). The court must “conduct an inquiry in order to ascertain the 

amount of damages with reasonable certainty.” Id. (quoting Credit Lyonnais Sec. 

(USA), Inc. v. Alcantara, 183 F.3d 151, 155 (2d Cir. 1999)). The court may, 

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without violating any federal statutory right to a jury trial, conduct hearings or 

make referrals to determine the amount of damages when necessary to enter or 

effectuate judgment. FED. R. CIV. P. 55(b)(2)(B). 

The Court being satisfied that the requirements for a default judgment have 

been met, 

IT IS HEREBY ORDERED that Plaintiff’s Motion for Entry of Default 

Judgment is GRANTED, amount subject to a hearing before the magistrate judge. 

IT IS FURTHER ORDERED that this matter be referred to United States 

Magistrate Judge David R. Grand for hearing and determination of damages, 

pursuant to 28 U.S.C. § 636(b)(1)(A). 

SO ORDERED. 

s/Arthur J. Tarnow 

 Arthur J. Tarnow 

Dated: November 9, 2016 Senior United States District Judge 

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