a cause of action.” Ramos-Falcon v. Autoridad de Energia Electrica, 301 F.3d 1, 2 (1st Cir.2002). Assuming that the facts alleged state a viable cause of action, the defendant’s liability will be established. With regard to damages, Fed. R. Civ. P. 55(b)(2) provides that the court “may conduct hearings or make referrals ... when, to enter or effectuate judgment, it needs to (A) conduct an accounting; (B) determine the amount of damages; (C) establish the truth of any allegation by evidence; or (D) investigate any other matter.” A hearing, however, is not necessarily required, particularly where the facts alleged in the pleadings, together with affidavits submitted by the moving party, establish the amount of the default judgment. See In re The Home Restaurants, Inc., 285 F.3d at 114 (<HOLDING>). The SEC has submitted a Memorandum in Support
holding that district court did not abuse its discretion by entering default judgment without first holding evidentiary hearing where there was no uncertainty about the amounts at issue the pleadings contained specific dollar figures and the court requested and received affidavits in support of the default judgment holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact holding that district court abused discretion by entering default judgment in amount stated in complaint without conducting an evidentiary hearing or making further inquiry where the requested amount contained inconsistencies and mathematical errors and was internally inconsistent with supporting documents holding that the district court did not abuse its discretion in denying motion to alteramend judgment where the plaintiff raised the choice of law issue for the first time after the entry of summary judgment holding district court abused its discretion by entering default judgment where attorney caused delay and sanctions short of default such as costs attorneys fees or contempt of court would have likely cured the attorneys failure to respond