United States District Court, N.D. Indiana, Fort Wayne Division
CRAFTLINE GRAPHICS, INC., and KAPPA GRAPHICS, L.P., Plaintiffs,
TOTAL PRESS SALES & SERVICE, LLC, Defendant.
OPINION AND ORDER
THERESA L. SPRINGMANN CHIEF JUDGE
matter is before the Court on a Motion for Default Judgment
[ECF No. 17] against the sole Defendant Total Press Sales
& Service, LLC, filed by Plaintiffs Craftline Graphics,
Inc. (Craftline), and Kappa Graphics, L.P. (Kappa), on
January 24, 2018.
Plaintiffs have sued the Defendant for breach of contract,
breach of warranty, and negligence, alleging that the
Defendant partially performed its duties to clean, refurbish,
load, transport, rig, and reassemble Plaintiff Kappa's
printing press, which was on lease to Plaintiff Craftline.
Upon learning from the manufacturer of the printing press
that the printing press was damaged, the Plaintiffs claim
that the Defendant advised they could no longer work on the
project and abandoned work. Further, the Plaintiffs allege
that the Defendant was negligent in damaging the printing
press in the first instance and then continuing to try to run
the printing press in its damaged condition, resulting in
additional damage. Plaintiff Kappa claims that it has not
received any payments pursuant to its lease agreement with
Plaintiff Craftline because of the Defendant's negligent
performance. Accordingly, the Plaintiffs seek damages for the
costs of the parts, service, internal labor, material, and
repairs they have incurred to try to repair the printing
press, as well as lost profits for lease payments owed to
Plaintiff Kappa from Plaintiff Craftline.
Plaintiffs obtained a Clerk's Entry of Default [ECF No.
16] against the Defendant pursuant to Federal Rule of Civil
Procedure 55(a). In the Plaintiffs Motion for Default
Judgment, the Plaintiffs request that the Court enter
judgment as follows (see Aff for Entry of Default
Judgment, ECF No. 17-1):
$88, 216.00 (parts and service paid by Plaintiff Craftline
for installation costs) (see Summary of Invoices,
ECF No. 17-2);
• $49, 275.00 (internal labor/materials costs Plaintiff
Craftline incurred for the initial installation/lost labor
savings due to delays) (see Summary of Additional
Costs, ECF No. 17-3);
• $500, 760.00 (repair costs Plaintiff Kappa will incur
related to the disassembly, reinstallation, and repair of the
printing press) (see ECF No. 17-4);
• $378, 005.00 (Plaintiff Kappa's lost profits from
delayed lease payments by Plaintiff Craftline related to
delays by the Defendant) (see Lease Agmnt, ECF No.
• Attorney fees of $22, 744.00 and costs of $500.53
(see Mot. for Attorney Fees, ECF No. 13);
• Interest pre-judgment in the amount of $155, 695.99
(calculated at ¶ 8% interest rate since the day the
cause of action accrued); and
• Interest post judgment at 8%.
Plaintiff s counsel affirms that the calculation of damages
is true and correct.
the default of a party has been established for failure to
plead or otherwise defend, Federal Rule of Civil Procedure 55
authorizes a party to seek and a court to enter a default
judgment. As long as a plaintiffs allegations are
well-pleaded, a default judgment, as a general rule,
“‘establishe[s], as a matter of law, that
defendants [are] liable to plaintiff as to each cause of
action alleged in the complaint.'” Dundee
Cement Co. v. Howard Pipe & Concrete Prods., Inc.,722 F.2d 1319, 1323 (7th Cir. 1983) (quoting Breuer Elec.
Mfg. Co. v. Toronado Sys. of Am., Inc.,687 F.2d 182,
186 (7th Cir. 1982)); see also O' Brien v. R.J.
O'Brien & Assocs., Inc.,998 F.2d 1394, 1404
(7th Cir. 1993). The party moving for a default judgment must
then establish entitlement to the relief sought. In re
Catt,368 F.3d 789, 793 (7th Cir. 2004); RBS
Citizens, N.A. v. M. & M. Brokerage, LLC, No.
4:11-CV-0059, 2012 WL 839223, at *2 (N.D. Ind. Mar. 9, 2012)
(“Yet while the factual allegations relating to
liability are taken as true, the amount of damages must be
proved.”). Under Rule 54(c), a party obtaining a
default judgment in its favor is not entitled to a judgment
that differs in kind from or an award that exceeds the amount
demanded in the ...