United States of America v. Duran Lopez Construction, LLC

Summary

The United States District Court for the Southern District of Ohio granted the United States’ motion for default judgment against Duran Lopez Construction, LLC. The court held the defendant liable for an unpaid civil penalty arising from violations of the Occupational Safety and Health Act and entered judgment totaling $23,318.82, with post-judgment interest accruing under 28 U.S.C. § 1961.

Holdings

1. After entry of default, the court may enter default judgment when the complaint's well-pleaded allegations establish a viable claim for relief and the applicable Rule 55 requirements are satisfied.
2. A damages hearing is not required when the amount of damages is liquidated or can be ascertained from definite figures in documentary evidence or detailed affidavits.

Questions Presented

1. Whether default judgment should be entered after the defendant failed to respond and default was entered.
2. Whether the well-pleaded allegations and supporting documentary evidence established the defendant's liability for enforcement of the civil penalty.
3. Whether the amount of damages was sufficiently definite to permit entry of default judgment without a damages hearing.

Disposition

other