PNC Bank, NA v. Natural Disaster Service LLC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PNC Bank, NA,
Plaintiff,
v.
Natural Disaster Service LLC,
Defendant.
________________________________/
Case No. 25-10814
Judith E. Levy
United States District Judge
Mag. Judge Anthony P. Patti
ORDER DIRECTING PLAINTIFF TO FILE SUPPLEMENTAL
MATERIALS REGARDING THE MOTION FOR DEFAULT
JUDGMENT [15]
On October 10, 2025, Plaintiff PNC Bank, NA, filed a motion for
default judgment as to Natural Disaster Service LLC. (ECF No. 15.)
Plaintiff’s motion requests a judgment in the amount of $83,169.72. (Id.
at PageID.82.) This amount “consists of $93,524.15 (minus sale of
Equipment of $34,780.50), plus interest in the amount of $19,245.97 for
the remaining balance due under the Agreement and $5,180.10 in
attorneys’ fees and costs.” (Id.)
Plaintiff is directed to file supplemental materials regarding the
motion for default judgment. “Even when a default judgment is
Case 5:25-cv-10814-JEL-APP ECF No. 17, PageID.<pageID> Filed 10/27/25 Page 1 of 3

2
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. The district court must instead conduct an inquiry in order to
ascertain the amount of damages with reasonable certainty.” Vesligaj v.
Peterson, 331 F. App’x 351, 355 (6th Cir. 2009) (quoting Credit Lyonnais
Sc. (USA), Inc. v. Alcantara, 183 F.3d 151, 155 (2d Cir. 1999)); see also
Fed. R. Civ. P. 55(b)(2). Here, there is no evidence in the record regarding
the “sale of Equipment of $34,780.50.” (ECF No. 15, PageID.82.)1 As such,
the Court is unable to ascertain the amount of damages in this case.
Additionally, Plaintiff’s counsel has not submitted appropriate
documentation regarding their request for attorney fees. “[T]he
documentation offered in support of the hours charged must be of
sufficient detail and probative value to enable the court to determine with
a high degree of certainty that such hours were actually and reasonably
expended in the prosecution of the litigation.” Imwalle v. Reliance Med.
Prods., Inc., 515 F.3d 531, 553 (6th Cir. 2008). Here, Plaintiff’s counsel
submitted a “bill of costs” that sets forth individual employee hourly
1 The Court notes that the complaint is verified. (ECF No. 1.) However, the verified
complaint does not describe the sale of equipment.
Case 5:25-cv-10814-JEL-APP ECF No. 17, PageID.<pageID> Filed 10/27/25 Page 2 of 3

3
rates, the total hours worked per law firm, and a statement on costs
expended on this matter. (ECF No. 15-2.) The “bill of costs” is not
supported by a declaration or an affidavit. Plaintiff’s counsel’s
documentation regarding attorney fees is insufficient and does not allow
the Court to determine that the attorney fees and costs requested were
“actually and reasonably expended in the prosecution of the litigation.”
Imwalle, 515 F.3d at 553.
Plaintiff’s supplemental materials must be filed within 7 days of
this order.
IT IS SO ORDERED.
Dated: October 27, 2025 	s/Judith E. Levy
Ann Arbor, Michigan 	JUDITH E. LEVY
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or first-class U.S. mail addresses
disclosed on the Notice of Electronic Filing on October 27, 2025.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager
Case 5:25-cv-10814-JEL-APP ECF No. 17, PageID.<pageID> Filed 10/27/25 Page 3 of 3