TRUSTMARK BANK v. TIRE INSTALLATION LLC DEWAYNE MITCHELL YOUNG FINANCIAL SOLUTIONS LLC DEMETRIUS YOUNG FOSTER LEGACY TRANSPORTATION LOGISTICS INC AND DAVID FOSTER (2026)

ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

Before the Court is Plaintiff Trustmark Bank's (“Trustmark”) Motion for Default Judgment against Defendant Tire Installation, LLC. Doc. 80. For the following reasons, Plaintiff's Motion is GRANTED.

BACKGROUND

Plaintiff Trustmark commenced this action on August 1, 2025 against several Defendants, including Defendant Tire Installation, LLC (“Tire Installation”). Doc. 1. Tire Installation was served with process on August 12, 2025. Doc. 14 at 2. Counsel Dewun R. Settle filed a Notice of Appearance on behalf of Dewayne Mitchell (“Mitchell”), owner of Tire Installation, on September 10, 2025. Doc. 21. On February 7, 2026, Judge Mark S. Norris ¹ granted Mr. Settle's Motion to Withdraw (Docs. 51, 52) and ordered Defendants Mitchell and Tire Installation to “provide the Court notice within 30 days of the date of this Order whether they have retained substitute counsel or intend to proceed pro se.” Doc. 58 at 2. Tire Installation failed to comply and has not participated in this action since. The Court granted Plaintiff's Motion for Summary Judgment as to all other Defendants on August 14, 2026. Docs. 72, 73, 75.

On the same day, this Court also ordered the Clerk to enter default against Tire Installation, finding that because it failed to retain legal counsel as ordered and cannot proceed pro se as an LLC, it failed to plead or otherwise defend as required by law. Docs. 74, 76.

Plaintiff now moves for Default Judgment against Tire Installation. Doc. 80.

LEGAL ANALYSIS

“When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default.” Fed. R. Civ. P. 55. This requires a two-step process. First, a plaintiff must request from the Clerk of Court an entry of default. Fed. R. Civ. P. 55(a). Once the Clerk of Court enters default, the factual allegations of the complaint are accepted as true. United States v. Conces, 507 F.3d 1028, 1038 (6th Cir. 2007). If the plaintiff's claim is not for “a sum certain or a sum that can be made certain by computation,” the plaintiff must apply to the Court for a default judgment. Fed. R. Civ. P. 55(b).

Tire Installation has had ample notice of the dispute and its need to defend in this action. Despite appearing, answering the Complaint, and partaking in some discovery, neither Tire Installation nor Mitchell have participated in this lawsuit since January 2026. In the interim, this Court determined in its Order Granting Plaintiff's Motion for Summary Judgment as to Defendants Dewayne Mitchell and Tire Installation, LLC, that the admitted facts establish breach of contract. Doc. 75. Accordingly, the Court finds that default judgment is appropriate.

However, “[e]ven when a default judgment is warranted based on a party's failure to defend, the allegations in the complaint with respect to the amount of the damages are not deemed true.” Long v. Morgan, 451 F. Supp. 3d 830, 832–33 (M.D. Tenn. 2020). The district court must now “conduct an inquiry in order to ascertain the amount of damages with reasonable certainty.” Id. at 832–33.

This matter is hereby REFERRED to the Magistrate Judge for purposes of rendering a Report and Recommendation concerning (1) the precise amounts of any damages awards, and (2) the precise amount of an award, if any, of fees, costs, and expenses pursuant to Plaintiff's Motion for Attorney Fees (Doc. 82).

IT IS SO ORDERED, this 9th day of September, 2026.

FOOTNOTES

1.   This matter was transferred to the undersigned on March 25, 2026. Doc. 59.

BRIAN C. LEA UNITED STATES DISTRICT JUDGE