The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
NORVETT VARDIMAN, RONNIE GOOCH, )
ANIA WARNER, MICHAEL HUDSON, )
DENNIS ROYAL-REED, and CHARLES )
SINGLETON, )
)
Plaintiffs, )
)
v. ) No. 4:17-CV-2358 RLW
)
UNITED STATES OF AMERICA, and )
AARON BOOKER, JR., )
)
Defendants. )
MEMORANDUM AND DEFAULT JUDGMENT
This matter is before the Court on Plaintiffs’ Motion for Entry of Default Judgment (ECF
No. 40). The record shows that Defendant Aaron Booker, Jr., was served with the summons and
Complaint on May 3, 2018. Defendant Booker has not filed an answer or other responsive
pleading. The Clerk of the Court entered a Clerk’s Entry of Default on October 3, 2018. (ECF
No. 17). Plaintiffs request that the Court enter Default Judgment against Defendant Booker.
I. BACKGROUND
On September 1, 2017, Plaintiffs filed a Complaint against the United States and Arron
Booker, Jr. Specifically, the Complaint alleges Defendant Booker, a United States Postal Service
(“USPS”) worker, caused a vehicle collision on March 29, 2016, while driving a USPS vehicle,
injuring the driver, Plaintiff Norvett Vardiman, and her passengers, Plaintiffs Ronnie Gooch, Ania
Warner, Michael Hudson, Dennis Royal-Reed, and Charles Singleton. (Compl. ¶¶ 11-16, ECF
No. 1). Plaintiffs brought claims against the United States pursuant to the Federal Tort Claims Act
(“FTCA”), 28 U.S.C. §§ 2671, et seq., and against Booker for negligence in operating his USPS
vehicle.
On January 9, 2020, the Court dismissed Plaintiffs’ cause of action against the United
States for lack of subject matter jurisdiction because it found Defendant Booker was not acting
within the scope of his employment at the time of the motor vehicle collision. (ECF Nos. 32, 33).
On March 30, 2020, Plaintiffs filed the instant Motion for Default Judgment against Booker, asking
the Court to enter default judgment against Booker and set the matter for a hearing on damages.
(ECF Nos. 40, 41).
On June 15, 2020, the Court entered an Order to Show Cause. (ECF No. 42). The Court
ordered Defendant Booker to show cause for his failure to answer or otherwise respond to
Plaintiffs’ Complaint. Id. Defendant Booker was warned that his failure to comply with the Order
may result in default judgment and damages assessed against him. A Show Cause hearing was set
for July 23, 2020, and Defendant Booker was ordered to appear. Plaintiffs were ordered to serve
copies of the June 15, 2020 Order, the Court’s Orders of January 9, 2020 dismissing all claims
against the United States, and Plaintiffs’ Motion for Default Judgment and Memorandum in
Support (ECF Nos. 40, 41), which they did. (ECF No. 43, Ex. 1). Due to limitations put in place
in response to the COVID 19 pandemic, the Court cancelled and reset the Hearing to Show Cause
for September 10, 2020, and Defendant Booker was ordered to appear. (ECF No. 44). Defendant
Booker was again warned that his failure to comply with the Order may result in default judgment
and damages assessed against him. Id. Plaintiffs were ordered to effectuate service of the Order
on Defendant Booker, which they did. (ECF No. 45, Ex. 1).
On today’s date, the undersigned held a Show Cause hearing, at which time the Court took
up Plaintiffs Motion for Default Judgment. Plaintiffs’ counsel attended the hearing and presented
argument in favor of the entry of Default Judgment. Despite given notice, Defendant Booker failed
to appear. Defendant Booker has never made an appearance in this case.
II. LEGAL STANDARD
Default judgments are not favored in the law, United States ex rel. Time Equip. Rental &
Sales, Inc. v. Harre, 983 F.2d 128, 130 (8th Cir. 1993), and their entry is discretionary. See Taylor
v. City of Ballwin, Mo., 859 F.2d 1330, 1332 (8th Cir. 1988). “The entry of a default judgment
should be a ‘rare judicial act.’” Comiskey v. JFTJ Corp., 989 F.2d 1007, 1009 (8th Cir. 1993)
(quoted case omitted). There is a judicial preference for adjudication on the merits. Oberstar v.
F.D.I.C., 987 F.2d 494, 504 (8th Cir. 1993).
Even when a defendant is technically in default and all of the requirements for a default
judgment are satisfied, a plaintiff is not entitled to default judgment as a matter of right. 10 James
Wm. Moore, et al., Moore’s Federal Practice § 55.31[1] (3d ed. 2008); Taylor, 859 F.2d at 1332.
Prior to the entry of a discretionary default judgment, this Court should satisfy itself that the
moving party is entitled to judgment, including by reviewing the sufficiency of the complaint and
the substantive merits of the plaintiff’s claim. 10 Moore’s Federal Practice § 55.31[2].
“A default judgment by the court binds the party facing the default as having admitted all
of the well pleaded allegations in the plaintiff’s complaint.” Angelo Iafrate Constr., LLC v.
Potashnick Constr., Inc., 370 F.3d 715, 722 (8th Cir. 2004) (citing Taylor, 859 F.2d at 1333 n.7).
Where default has been entered, the “allegations of the complaint, except as to the amount of
damages are taken as true.” Brown v. Kenron Aluminum & Glass Corp., 477 F.2d 526, 531 (8th
Cir. 1973). If the damages claim is indefinite or uncertain, the amount of damages must be proved
in a supplemental hearing or proceeding to a reasonable degree of certainty. Everyday Learning
Corp. v. Larson, 242 F.3d 815, 818-19 (8th Cir. 2001).
III. DISCUSSION
A. Liability
Taking the factual allegations in the Complaint as true, Plaintiffs have established that
Defendant Booker is liable for negligence as a result the motor vehicle collision he caused on
March 29, 2016. The Court finds that the allegations in Plaintiff’s Complaint are sufficient to
show that Defendant Booker was negligence in the operation of his vehicle which caused injuries
to Plaintiffs Norvett Vardiman, Ronnie Gooch, Ania Warner, Michael Hudson, Dennis Royal-
Reed, and Charles Singleton. The Court will enter Default Judgment against Defendant Booker
and in favor of Norvett Vardiman (Count IV), Ronnie Gooch (Count VII), Ania Warner (Count
XII), Michael Hudson (XVI), Dennis Royal-Reed (Count XX), and Charles Singleton (XXIV).
B. Damages
In their Complaint, Plaintiffs allege Defendant Booker’s negligence directly caused or
contributed to several injuries, and they state that they are seeking damages for medical costs
incurred, future medical costs, emotion upset, pain and suffering, lost fringe benefits, and loss of
enjoyment of life. In their Motion for Default Judgment, Plaintiffs do not state the amount they
are seeking in damages. Plaintiffs did, however, attach to their Memorandum in Support affidavits
from each of the six Plaintiffs. In each of the affidavits the Plaintiffs list the injuries they sustained
as a result of the motor vehicle collision and the amount of medical bills they have incurred.
The Court has reviewed these affidavits and finds they are insufficient to establish damages
to a reasonable degree of certainty. Everyday Learning Corp., 242 F.3d at 19. Plaintiffs’ claims
for negligence are brought pursuant to Missouri state law. Under Mo. Rev. Stat. § 490.715, a
plaintiff seeking special damages for medical expenses “may introduce evidence of the actual cost
of the medical care or treatment rendered to a plaintiff or a patient whose care is at issue. Actual
cost of the medical care or treatment shall be reasonable, necessary, and a proximate result of the
negligence or fault of any party.” Mo. Rev. Stat. § 490.715. Actual cost of medical care or
treatment is define as “a sum of money not to exceed the dollar amounts paid by or on behalf of a
plaintiff or a patient whose care is at issue plus any remaining dollar amount necessary to satisfy
the financial obligation for medical care or treatment by a health care provider after adjustment for
any contractual discounts, price reduction, or write-off by any person or entity.” Id. In their
affidavits, Plaintiff attest to the amount of medical bills they have incurred, not the amount that
was paid. Furthermore, as stated above, in the Complaint there are allegations of damages for
future medical costs, emotion upset, pain and suffering, lost fringe benefits, and loss of enjoyment
of life. Plaintiffs have provided no evidence whatsoever as to these categories of damages.
Based on the record before it, the Court is unable to make a finding as to damages in this
case. The Court will, therefore, enter default judgement as to liability and set this matter for a
hearing on damages.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ Motion for Default Judgment (ECF No. 40)
is GRANTED.
IT IS FURTHER ORDERED that judgment be entered in favor of Plaintiff Norvett
Vardiman and against Defendant Aaron Booker, Jr., as to Count IV of the Complaint (Negligence).
IT IS FURTHER ORDERED that judgment be entered in favor of Plaintiff Ronnie
Gooch and against Defendant Aaron Booker, Jr., as to Count VIII of the Complaint (Negligence).
IT IS FURTHER ORDERED that judgment be entered in favor of Plaintiff Ania Warner
and against Defendant Aaron Booker, Jr., as to Count XII of the Complaint (Negligence).
IT IS FURTHER ORDERED that judgment be entered in favor of Plaintiff Michael
Hudson and against Defendant Aaron Booker, Jr., as to Count XVI of the Complaint (Negligence).
IT IS FURTHER ORDERED that judgment be entered in favor of Plaintiff Dennis
Royal-Reed and against Defendant Aaron Booker, Jr., as to Count XX of the Complaint
(Negligence).
IT IS FURTHER ORDERED that judgment be entered in favor of Plaintiff Charles
Singleton and against Defendant Aaron Booker, Jr., as to Count XXIV of the Complaint
(Negligence).
IT IS FURTHER ORDERED that a Hearing on Damages shall be held on October 13,
2020, at 11:00 a.m. in Courtroom 10 South.
IT IS FURTHER ORDERED that Plaintiffs shall file a memorandum in support of their
damages, together with exhibits in support thereof, on or before September 28, 2020.
IT IS FURTHER ORDERED that the Clerk of the Court is directed to mail a copy of this
Memorandum and Default Judgment to Defendant Aaron Booker, Jr., to the address at which he
was served, 238 Olympia Drive, St. Louis, MO, 63135.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
Dated this 10th day of September, 2020.