IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

KIMBERLY A. CHARLES, : CIVIL ACTION NO. 4:14-CV-1403

:

Plaintiff : (Chief Judge Conner)

:

v. :

:

MARCELLUS ENERGY :

SERVICES, LLC, :

:

Defendant :

ORDER AND JUDGMENT

AND NOW, this 10th day of August, 2015, upon consideration of the motion 

(Doc. 10) for default judgment filed by plaintiff Kimberly A. Charles (“Charles”), and 

it appearing that the summons and complaint were served on defendant Marcellus 

Energy Services, LLC, (“Marcellus”), by process server on November 29, 2014, (see

Doc. 7), but that, as of the date of this order, Marcellus has not pled, see FED. R. CIV.

P. 12 (stating that defendants “must serve an answer . . . within 21 days after being 

served with the summons and complaint”), and has not otherwise defended itself in 

the above-captioned litigation,1and it further appearing that, on motion (Doc. 8) by 

Charles, the Clerk of Court entered default (Doc. 9) against Marcellus on February 

20, 2015, see FED. R. CIV. P. 55(a) (directing the Clerk to enter default when a party 

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

 

1 Nor has counsel entered an appearance on behalf of Marcellus. Given its 

corporate status, Marcellus cannot proceed pro se before this court. See Lawson v. 

Nat’l Continental-Progressive Ins. Co., 347 F. App’x 741, 742 (3d Cir. 2009) (“[A] 

corporation . . . cannot proceed as a pro se litigant,” nor may “a non-attorney 

represent the interests of a corporation in federal court.”) (citing Rowland v. Cali. 

Men’s Colony, 506 U.S. 194, 201-02 (1993)).

Case 4:14-cv-01403-CCC Document 14 Filed 08/10/15 Page 1 of 2
otherwise”), and the court having previously concluded that entry of default 

judgment as to liability upon the instant motion is appropriate, (see Doc. 11), but 

having deferred the issue of damages pending submission of evidentiary support by 

Charles, see FED. R. CIV. P. 55(b)(2) (“The court may conduct hearings [if] it needs to 

. . . determine the amount of damages.”), and the court concluding that Charles’ 

subsequent request for damages (Doc. 13), accompanied by affidavits and other 

evidentiary support, sufficiently establishes the amount of damages, costs, and 

attorneys’ fees requested therein, see Rhino Assocs. L.P. v. Berg Mfg. & Sales 

Corp., 531 F. Supp. 2d 652, 657 (M.D. Pa. 2007) (holding that further inquiry is 

unnecessary when movant’s evidence of damages and fees is unopposed and 

unambiguous), and the court noting that “a default judgment must not differ in 

kind from, or exceed in amount, what is demanded in the pleadings, see FED. R.

CIV. P. 54(c), it is hereby ORDERED that:

1. Charles’ motion (Doc. 10) for default judgment is GRANTED.

2. Judgment is ENTERED in favor of plaintiff Kimberly A. Charles and 

against defendant Marcellus Energy Services, LLC, in the following 

amounts:

a. $425,781.27 in back pay, front pay, and compensatory damages;

b. $24,086.00 in attorneys’ fees; and

c. $486.90 in costs.

3. The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER

Christopher C. Conner, Chief Judge

United States District Court

Middle District of Pennsylvania

Case 4:14-cv-01403-CCC Document 14 Filed 08/10/15 Page 2 of 2