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Civil Rights: Jobs | South Carolina
Order
TEXT ORDER denying, without prejudice, 12 Plaintiff's Request for Entry of Default Judgment. On August 11, 2026, the Court entered a text order with explicit instructions to Plaintiff regarding the proper procedure for default judgments and damages. ECF No. 10. Specifically, unless and until the Court determines whether to find Defendant liable for the causes of action set forth in the Complaint, the Court will not determine whether to enter a default judgment or award damages. Plaintiff refers to the allegations in her Complaint and contends the Defendant has failed to respond. However, those statements are not enough to establish that Plaintiff is entitled to default judgment or damages. As stated before, Plaintiff must establish liability first. In determining whether to enter default judgment, "[t]he court must... determine whether the well-pleaded allegations in [Plaintiff's] complaint support the relief sought in this action." Ryan v. Homecomings Fin. Network, 253 F.3d 778, 780 (4th Cir. 2001); see also Fed. R. Civ. P. 8(b)(6). Only if the Court finds that liability is established will it then reach the issue of what damages to award and whether a damages hearing is warranted. See J & J Sports Prods., Inc. v. Romenski, 845 F. Supp. 2d 703, 706 (W.D.N.C. 2012) ("If the court finds that liability is established, it must then determine damages.... While the court may conduct an evidentiary hearing to determine damages, it is not required to do so, but may rely instead on affidavits or documentary evidence in the record to determine the appropriate sum."). Plaintiff's Request for Entry of Default Judgment does not (1) delineate the substantive elements of the law supporting each of Plaintiff's claims, nor (2) apply the facts from her Complaint to that law, to establish Defendant's liability and Plaintiff's substantive right to the damages she is claiming in this action. Defendant's failure to respond to the Complaint, alone, is not sufficient to establish that Plaintiff is entitled to a default judgment. She must show that she the allegations in her Complaint establish liability. At a minimum, the undersigned anticipates that Plaintiff will supply a legal memorandum establishing the elements for each of her causes of action and apply the well-pleaded facts from her Complaint to those elements, explaining how she has established liability for each cause of action. Only then can the Court determine whether Plaintiff is entitled to a default judgment. For the foregoing reasons, Plaintiff's Request for Entry of Default Judgment (ECF No. 12) is DENIED without prejudice. Plaintiff has until September 11, 2026, to file a Motion for Default Judgment and a legal memorandum in support of a Motion for Default Judgment that establishes that Defendant is liable for, and Plaintiff is entitled to judgment on, the causes of action alleged in the Complaint. AND IT IS SO ORDERED. Entered at the direction of Magistrate Judge Molly H Cherry on 8/24/2026. (kspa)
As stated before, Plaintiff must establish liability first. In determining whether to enter default judgment, "[t]he court must... determine whether the well-pleaded allegations in [Plaintiff's] complaint support the relief sought in this action." Ryan v. Homecomings Fin. Network, 253 F.3d 778, 780 (4th Cir. 2001); see also Fed. R. Civ. P. 8(b)(6). Only if the Court finds that liability is established will it then reach the issue of what damages to award and whether a damages hearing is warranted. See J & J Sports Prods., Inc. v. Romenski, 845 F. Supp. 2d 703, 706 (W.D.N.C. 2012) ("If the court finds that liability is established, it must then determine damages.... While the court may conduct an evidentiary hearing to determine damages, it is not required to do so, but may rely instead on affidavits or documentary evidence in the record to determine the appropriate sum."). Plaintiff's Request for Entry of Default Judgment does not (1) delineate the substantive elements of the law supporting each of Plaintiff's claims, nor (2) apply the facts from her Complaint to that law, to establish Defendant's liability and Plaintiff's substantive right to the damages she is claiming in this action. Defendant's failure to respond to the Complaint, alone, is not sufficient to establish that Plaintiff is entitled to a default judgment. She must show that she the allegations in her Complaint establish liability. At a minimum, the undersigned anticipates that Plaintiff will supply a legal memorandum establishing the elements for each of her causes of action and apply the well-pleaded facts from her Complaint to those elements, explaining how she has established liability for each cause of action. Only then can the Court determine whether Plaintiff is entitled to a default judgment.
For the foregoing reasons, Plaintiff's Request for Entry of Default Judgment (ECF No. 12) is DENIED without prejudice. Plaintiff has until September 11, 2026, to file a Motion for Default Judgment and a legal memorandum in support of a Motion for Default Judgment that establishes that Defendant is liable for, and Plaintiff is entitled to judgment on, the causes of action alleged in the Complaint. AND IT IS SO ORDERED. Entered at the direction of Magistrate Judge Molly H Cherry on 8/24/2026. (kspa)
Scheduling Order
CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 9/10/2026, Plaintiffs ID of Expert Witness due by 12/11/2026, Defendants ID of Expert Witnesses Due by 1/11/2027, Records Custodian Affidavit due by 3/12/2027, Discovery due by 3/12/2027, Mediation Due by 3/26/2027, Motions due by 4/19/2027. Signed by Magistrate Judge Kevin McDonald on 8/24/26. (agig)
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