American Contractors Indemnity Company v. Jerry Keith, et al

Filing 11

DEFAULT JUDGMENT in favor of American Contractors Indemnity Company against Key Construction, LLC, Jerry Keith in the amount of $165,263.63 with costs in the amount of $450.00, together with post judgment interest at the rate of.23% per annum. Signed by Honorable Robert T. Dawson on March 23, 2011. (cap)

American Contractors Indemnity Company v. Jerry Keith, et al

Doc. 11

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

AMERICAN CONTRACTORS INDEMNITY COMPANY VS. JERRY KEITH AND KEY CONSTRUCTION, LLC NO. 1:10-cv-01081 RTD

PLAINTIFF

DEFENDANTS

DEFAULT JUDGMENT

Pending before the Court is Plaintiff's Motion for Entry of Default Judgment (doc. 7). After review of the Motion and its file, and after considering applicable law, the Court finds and concludes as follows: 1. This Court has jurisdiction of the subject matter of, and parties to, this

action, and venue is proper. 2. 3. Plaintiff's Verified Complaint was filed herein on December 17, 2010. As evidenced by Proofs of Service on file with this Court, a Summons in

a Civil Action, a Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction and a Verified Complaint were served on Jerry Keith and on Key Construction, LLC on January 4, 2011. 4. Jerry Keith and Key Construction, LLC have failed to plead or otherwise

defend and respond to Plaintiff's Verified Complaint within the time allowed by F.R.C.P. 12(a), and each of them is in default. 5. Plaintiff has submitted an Affidavit of Jill A. Fisher establishing the amount

of Plaintiff's damages to be $165,263.63. No additional affidavit or hearing under oath regarding the amount of damages is necessary.

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6.

The entry of this Default Judgment shall not bar Plaintiff from filing

additional actions against its principal and indemnitor to recover future losses incurred in connection with the payment and performance bonds described in the Complaint. 7. Plaintiff is entitled to the recovery of its costs in the amount of $450.00.

IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED that Plaintiff, American Contractors Indemnity Company, should be, and is hereby, awarded judgment against Defendants, Jerry Keith and Key Construction, LLC, jointly and severally, in the amount of $165,263.63, plus costs in the amount of $450.00, together with post-judgment interest at the rate of .23% per annum on all of the foregoing as allowed by law, for all of which execution and garnishment may immediately issue. IT IS SO ORDERED.

/s/ Robert T. Dawson Honorable Robert T. Dawson UNITED STATES DISTRICT JUDGE DATE: March 23, 2011

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