Quality First Produce, Inc. v. State Line Produce, LLC et al

Filing 31

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,
INC.,

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)
)
)
)
)
)
)
)
)
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)

Plaintiff,
v.
STATE LINE PRODUCE, LLC,
and JAMES THRASHER,
individually,
Defendants.

CIVIL ACTION NO.
2:10cv769-MHT
(WO)

OPINION
This

court

defendant

entered

State

Line

a

default

Produce,

LLC.

judgment
and

in

against
favor

of

plaintiff Quality First Produce, Inc. on the issue of
liability.

Quality First Produce, Inc. v. State Line

Produce, LLC, 2011 WL 231763 (M.D. Ala. 2011).

The issue

of damages was set for submission on February 7, 2011.
Quality First filed its evidentiary materials on that day.
Quality

First

now

requests

damages

in

the

amount

of

$ 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.

State Line

Quality First’s lawyer provides a declaration that
indicates the amount of fees through December 31, 2010, is
$ 14,955.10.

There is supporting documentation for most,

but not all, of these fees.
objections,

the

court

finds

Although there are no
inadequacies

First’s evidentiary materials.

in

Quality

Accordingly, the court

makes three deductions for the reasons that follow.
First, Quality First’s lawyer states that counsel will
bill

Quality

First

$

1,765.50

for

handling

between January 1, 2011, to February 4, 2011.
itemization,

and

thus

the

lawyer’s

the

case

There is no

claim

in

the

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
bill.

As a result, $ 967.50 in fees is unaccounted for

and thus not itemized.
Third,

Quality

First’s

lawyer

counsel fees” on two occasions.
$ 3,049.96.

charges

for

“local

These charges total

There is no further explanation as to what

these “local counsel fees” are.
2

“[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
calculation.

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
necessary facts.”

Adolph Coors Co. v. Movement Against

Racism and the Klan, 777 F.2d 1538, 1543-44 (11th Cir.
1985) (internal quotations and citations omitted).

Thus,

the court makes the following deductions from Quality
First’s requested amount:
Requested Amount

$ 53,101.07

2011 Attorneys Fees

- 1,765.50

No Itemization Due to Missing Page
Local Counsel Fees

- 967.50
- 3,049.96

Total

$ 47,318.11

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.

3

Quality First shall be

entitled

to

further

interest

until

the

judgment

is

satisfied.
***
An appropriate judgment will therefore be entered in
favor of Quality First and against State Line in the
amount

$

47,318.11

plus

pre-judgment

interest

from

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