UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
December 9, 2009
MATSCO, A DIVISION OF WELLS FARGO, N.A., PLAINTIFF,
SUSAN MARIE PATTIS AND VIP VETERINARY HOSPITAL, P.C., DEFENDANT.
The opinion of the court was delivered by: Block, Senior District Judge
MEMORANDUM AND ORDER
On August 5, 2009, plaintiff Matsco ("Matsco") filed a complaints containing numerous claims, including the breach of a loan contract and a guaranty contract, for which it seeks damages. As defendant Susan Marie Pattis ("Pattis"),*fn1 after being duly served, failed to respond to the complaint or otherwise defend against the action, see Docket Entry #6 (Clerk's Entry of Default), Matsco now moves for entry of a default judgment pursuant to Federal Rule of Civil Procedure 55(b) in respect to its first and second claims.*fn2
A defendant's default is an admission of all well-pleaded allegations in the complaint except those relating to damages. See Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992) ("While a party's default is deemed to constitute a concession of all well pleaded allegations of liability, it is not considered an admission of damages."). A district court must nevertheless determine whether the allegations state a claim upon which relief may be granted, see Au Bon Pain Corp. v. Artect, Inc., 653 F.2d 61, 65 (2d Cir. 1981) ("[A district court] need not agree that the alleged facts constitute a valid cause of action."); if they do, damages "must be established by the plaintiff in an evidentiary proceeding in which the defendant has the opportunity to contest the amount." Greyhound Exhibitgroup, 973 F.2d at 158.
Matsco alleges that Pattis entered into a loan contract and a guaranty contract, see Compl. Exs. 1-4, pursuant to which she was responsible for monthly payments to Matsco. Matsco alleges that it preformed its obligations under these contracts, see id. ¶ 20, 26, and that Pattis failed to make the required monthly payments due to Matsco, see id. ¶ 19, 24.
These allegations -- deemed admitted -- are sufficient to establish a breach of these contracts. Thus, Matsco's motion for entry of a default judgment is granted.
The matter is referred to the assigned magistrate judge for a report and recommendation on the relief to be awarded.
FREDERIC BLOCK Senior United States District Judge