Quality First Produce, Inc. v. State Line Produce, LLC et al
OPINION. Signed by Honorable Judge Myron H. Thompson on 12/15/2011. (br, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
QUALITY FIRST PRODUCE,
STATE LINE PRODUCE, LLC,
and JAMES THRASHER,
CIVIL ACTION NO.
plaintiff Quality First Produce, Inc. on the issue of
Quality First Produce, Inc. v. State Line
Produce, LLC, 2011 WL 231763 (M.D. Ala. 2011).
of damages was set for submission on February 7, 2011.
Quality First filed its evidentiary materials on that day.
$ 53,101.07 plus further interest in the rate of 1.5 % per
month until the judgment is fully satisfied.
has not filed a response.
Quality First’s lawyer provides a declaration that
indicates the amount of fees through December 31, 2010, is
There is supporting documentation for most,
but not all, of these fees.
Although there are no
First’s evidentiary materials.
Accordingly, the court
makes three deductions for the reasons that follow.
First, Quality First’s lawyer states that counsel will
between January 1, 2011, to February 4, 2011.
There is no
declaration is the only evidence for those fees.
Second, with respect to the fees through December 31,
Quality First’s itemization is missing a page from one
As a result, $ 967.50 in fees is unaccounted for
and thus not itemized.
counsel fees” on two occasions.
These charges total
There is no further explanation as to what
these “local counsel fees” are.
“[J]udgment of default awarding cash damages [may] not
properly be entered without a hearing unless the amount
claimed is a liquidated sum or one capable of mathematical
Damages may be awarded only if the record
adequately reflects the basis for award via a hearing or
a demonstration by detailed affidavits establishing the
Adolph Coors Co. v. Movement Against
Racism and the Klan, 777 F.2d 1538, 1543-44 (11th Cir.
1985) (internal quotations and citations omitted).
the court makes the following deductions from Quality
First’s requested amount:
2011 Attorneys Fees
No Itemization Due to Missing Page
Local Counsel Fees
The court recognizes that Quality First has requested
pre-judgment interest at the rate of 1.5 % per month and
that the requested amount in damages accounts only for
interest up to February 2011.
Quality First shall be
An appropriate judgment will therefore be entered in
favor of Quality First and against State Line in the
February 8, 2011, until the date of this opinion as well
as post-judgment interest until the judgment is satisfied.
DONE, this the 15th day of December, 2011.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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