UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

“ The general rule of Frow is described as follows: "when one of several defendants who is alleged to be jointly liable defaults, judgment should not be entered against him until the matter has been adjudicated with regard to all defendants, or all defendants have defaulted." ”

“ One circuit has rejected Frow 's relevance in such a situation. See In re Uranium Antitrust Litigation, 617 F.2d 1248, 1256-58 (7th Cir.1980) . But that same case held that while severally liable parties could be subjected to independent default judgments, because they were jointly liable for damages there could be no differing damage awards:
12 "Just as the several or independent nature of plaintiff's claim permits different findings as to liability of individual defendants, the joint nature of plaintiffs' claim prohibits different findings as to damages against all defendants. ”

“ Otherwise, plaintiffs armed with joint and several liability on a single claim could seek to execute on a larger damage award from a party against whom the court awarded a much smaller damage verdict--the situation that occurred here.
18 Further, we have held that a court may enter a default judgment without a hearing only if the amount claimed is a liquidated sum or one capable of mathematical calculation. Venable v. Haislip, 721 F.2d 297, 300 (10th Cir.1983) . Similarly, attorney's fees may not be awarded without a hearing to determine the amount. Id. ”