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Grice v. McMurdy

Default Judgment for Sum Certain Denied; Value of Sports Memorabilia Was 'Estimation'

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DECISION AND ORDER INTRODUCTION   Plaintiff Jacob Grice (hereinafter, “Plaintiff”) filed this action on June 7, 2018, alleging breach of contract, fraud, actual fraudulent transfers, constructive fraudulent transfers, unjust enrichment, and intentional infliction of emotional distress, against defendants Phil McMurdy (hereinafter, “defendant McMurdy”) and Doe Defendants 1 through 25 (hereinafter, “the Doe defendants”). Docket No. 1. Presently before the Court is Plaintiff’s Request for Entry of Default Judgment for Sum Certain. Docket No. 10. For the following reasons, Plaintiff’s request for a default judgment is denied without prejudice. BACKGROUND The following allegations are taken, as necessary, from Plaintiff’s complaint (Docket No. 1). On June 10th and 11th, 2012, Plaintiff and defendant McMurdy entered into a contract, pursuant to which defendant McMurdy was to sell on consignment Plaintiff’s sports collectible memorabilia merchandise. Docket No. 1 at 11. Plaintiff delivered to defendant McMurdy two pallet loads of his sports memorabilia on June 10th and 11th, 2012. Id. at 12. Plaintiff alleges that defendant McMurdy failed to deliver payment, as required by the contract. See id. at

13-19. Plaintiff further alleges that defendant McMurdy failed to maintain insurance with Collectible Insurance Services LLC, also in contravention of the contract. Id. at

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