United States Second Circuit

Denial of defendants' motion to vacate a default previously entered against them and granting plaintiffs' motion for a default judgment for $662,135 against defendants is: 1) affirmed in part, where the district court did not abuse its discretion by entering a default against defendants, nor by entering a default judgment against corporate defendant Moulton Masonry & Construction for $662,135; and 2) vacated in part and remanded, where the district court erred by entering a default judgment against defendant Moulton in his individual capacity, which included liquidated damages as well as prejudgment interest and attorney's fees without articulating a justification for doing so.

Appellate Information

• Decided 02/26/2015
• Published 02/26/2015

Judges

Court

• United States Second Circuit

Counsel