Escapes!, Inc. v. Legacy Land & Developments, LLC et al

Filing 314

Order granting 311 MOTION to Supplement and Submit Newly Discovered Evidence in Support of Motion for Entry of Damages filed by Escapes!, Inc.. Plaintiff is to file, by 8/3/2012, evidence in support of the $16,355.633.78 in damag es as a Supplement to both the 306 motion for damages and 309 motion for default judgment. Defendants are to file any Response in Opposition to the 306 and 309 Motions by 8/10/2012. Damages Hearing set for 8/16/2012 at 01:00 PM in US C ourthouse, Courtroom 5A, 113 St. Joseph Street, Mobile, AL 36602 before Judge Kristi K. DuBose. The Final Pre-Trial Conference and the parties' Joint Pretrial Document filing requirement is CANCELED. Signed by Judge Kristi K. DuBose on 7/27/2012. copies mailed certified mail as directed. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

ESCAPES!, INC.,
Plaintiff,
vs.
ALLAN A. BUNIAK, et al.,
Defendants.

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CIVIL ACTION NO: 09-00515-KD-M

ORDER
This matter is before the Court on Plaintiff’s Motion for Entry of Damages through
which Plaintiff requests that the Court enter damages and a final judgment against Defendants
William J. Kearney, Dolores “Dee” Balliett, Legacy Land & Development, LLC, and Escapes
Acquisition Company, LLC (Doc. 306); Plaintiff’s Motion for Default Judgment against
Defendant Legacy Land & Development, LLC and Defendant Escapes Acquisition Company,
LLC (Doc. 309); and Plaintiff’s Motion to Submit Newly Discovered Evidence (Doc. 311).
It is ORDERED that Plaintiff’s Motion to Submit Newly Discovered Evidence (Doc.
311) in support of its motion for damages is GRANTED.
This matter is set for a damages hearing relating to the foregoing motions, 1 for
Thursday, August 16, 2012 at 1:00 p.m. in Courtroom 5-A of the United States District Court,

1 As to Defendants Legacy Land & Development, LLC, and Escapes Acquisition Company, LLC,
pursuant to Rule 55(b)(2) which provides: “the court may conduct hearings ...when, to enter or effectuate
[a default] judgment, it needs to: ... conduct an accounting...determine the amount of damages..establish
the truth of any allegation by evidence; or…investigate any other matter.” Fed.R.Civ.P. 55(b)(2). As to
individual defendants William J. Kearney and Dolores “Dee” Balliett, pursuant to Rule 54(b): "…any
order or other decision, however designated, that adjudicates fewer than all the claims or the rights and
liabilities of fewer than all the parties does not end the action as to any of the claims or parties and may be
revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and
liabilities[.]” Fed.R.Civ.P. 54(b).

113 Saint Joseph St., Mobile, Alabama, 36602.2
Moreover, Defendants William J. Kearney, Dolores “Dee” Balliett, Legacy Land &
Development, LLC, and Escapes Acquisition Company, LLC are ORDERED to file any
Response in Opposition to Plaintiff’s Motions (Docs. 306, 309) on or before August 10, 2012.
The Clerk is DIRECTED to provide a copy of this Order to these four (4) Defendants by
mailing a copy of same (via certified mail return receipt) to the following addresses:3
-William J. Kearney, 631 South Orlando Avenue, Suite 400, Winter Park, FL,
32789;
-Dolores “Dee” Balliett, 631 South Orlando Avenue, Suite 400, Winter Park, FL,
32789;
-Legacy Land & Development, LLC, c/o Registered Agent, The Corporation
Trust Company of Nevada, 311 South Division Street, Carson City, NV, 89703,
as well as to the address where the Complaint was served, as set forth in Doc. 12;
-Escapes Acquisition Company, LLC, c/o Registered Agent, National
Registered Agents, Inc. of NV, 1000 East William Street , Suite 204, Carson City,
NV, 89701, as well as to the address where the Complaint was served, as set forth
in Doc. 7.

Further, Plaintiff is ORDERED to file on or before August 3, 2012 any and all evidence
in support of the $16,355.633.78 in damages as a Supplement4 to both the motion for damages

2 Because the only remaining issue before the Court is Plaintiff’s ability to recover damages against

certain of the defendants, the hearing will be held in lieu of the Final Pre-Trial Conference which – along
with the parties’ Joint Pretrial Document filing requirement -- is CANCELED.
3 It should be noted that the addresses for Legacy Land and Escapes Acquisition include addresses which
are different than those of record. These addresses were obtained via the Nevada Secretary of State
database. See http://nvsos.gov/sosentitysearch/CorpSearch.aspx (last visited 7/27/12). It appears that both
limited liability companies are defunct insofar as their business licenses have been revoked and all of the
officers resigned on 7/24/12. Nevertheless, the Court will make this last attempt to place these companies
on notice of these default and damage proceedings.
4 Plaintiff’s Certificate of Service on this filing shall include both sets of addresses for Defendants
Legacy Land & Development LLC and Escapes Acquisition Company, LLC (where the Complaint was
served and the Nevada company addresses).

(Doc. 306) and motion for default judgment (Doc. 309).
DONE and ORDERED this the 27th day of July 2012.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE