The following excerpt is from Eli Lilly & Co. v. Gitmed, Case No. 1:16 -cv-00178-DAD-SAB (E.D. Cal. 2017):
Plaintiff cites Krevat v. Burgers to Go., Inc., No. 13-cv-6258(JS)(AKT), 2014 WL 4638844 (E.D. N.Y. Sept. 16, 2014), in which the court addressed authority holding that "[w]here there are multiple defendants who may be held jointly and severally liable and 'some but not all defendants have defaulted, 'the courts have consistently held that it is appropriate to enter judgment solely as to liability and not as to the amount of damages to be assessed against the defaulting party. . . ." 2014 WL 4638844, at *15. This avoids the issue of dealing with inconsistent damage inquests. Id. Since the complaint in the action alleged that the defendants acted in concert or participation, the court held it would be prudent to defer ruling on damages until the claims against the remaining defendant had been adjudicated. Id.
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