HENRY v. OLUWOLE (2020)

SUMMARY ORDER

Olakunle Oluwole appeals from the May 14, 2019 order of the United States District Court for the District of Connecticut (Underhill, J.) denying his motion for reconsideration of the order of the district court denying his motion to set aside default judgment. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

The orders appealed from are nonfinal interlocutory orders. See Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 97 (2d Cir. 1993) (“[D]efault judgment cannot be entered until the amount of damages has been ascertained.”); Dow Chem. Pac. Ltd. v. Rascator Mar. S.A., 782 F.2d 329, 336 (2d Cir. 1986) (concluding that default judgment was “in fact no more than another interlocutory entry of default” because the district court “expressly ordered [in its default judgment] that there be an inquest as to damages and indicated that only thereafter would a final judgment be entered”). When the district court in the present case entered its order of default judgment, it did not decide the issue of damages, which remains pending before the district court. In the absence of a final judgment, we dismiss for lack of jurisdiction.

We have considered the remainder of the parties’ arguments regarding jurisdiction and find them to be without merit. Accordingly, the appeal is hereby dismissed.