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Irmarfer US LLC v. C4 Live

FRCP 55(b)(2) Default Judgment Denied; Own Performance of Contract Not Alleged

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DECISION AND ORDER INTRODUCTION On March 14, 2024, the Clerk of Court entered a default against Defendant C4 Live after Defendant failed to comply with Magistrate Judge Marian W. Payson’s order to obtain new counsel by February 9, 2024. ECF Nos. 44, 47, 48. On March 19, 2024, the Court received a letter from Plaintiff Irmarfer US, LLC requesting that the Court enter default judgment against Defendant C4 Live. ECF No. 49. The Court construed Plaintiff’s letter as a request for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(1). Plaintiff’s request was denied without prejudice. ECF No. 50. On April 11, 2024, Plaintiff filed a Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b)(2). ECF No. 54. Plaintiff argues that it is entitled to contract damages amounting to $346,460.14 and attorney’s fees equal to twenty-five percent of that amount, $86,615.04, for a total of $433,075.18. See ECF No. 54-1 12. For the reasons that follow, Plaintiff’s request is DENIED without prejudice and Plaintiff is granted leave to amend its complaint. BACKGROUND The present case revolves around a contract dispute between Irmarfer US, LLC and C4 Live. It is undisputed that the parties entered into a contract related to an event that was to take place in Augusta, Georgia, in 2022. ECF No. 15-1 at 3. The total cost set forth in the contract was $748,454.04, and Defendant paid Plaintiff $194,613.51 prior to the alleged breach. ECF No. 16

14, 18, 19, 20; ECF No. 17

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