Lexury Auto Collection, LLC v. Rozenfeld et al

Filing 25

ORDER granting 16 Plaintiff's Amended Motion for Entry of Default Judgment by Judge Christine M. Arguello on 8/25/2015.(vbarn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 15-cv-00514-CMA
LEXURY AUTO COLLECTION, LLC,
Plaintiff,
v.
MAKSIM ROZENFELD, a/k/a Matt Rosen, and
MANHATTAN MOTORS, INC.,
Defendants.

ORDER GRANTING DEFAULT JUDGMENT

This matter is before the Court on Plaintiff’s Amended Motion for Entry of Default
Judgment (Doc. # 16), as well as Plaintiff’s Response to Order to Show Cause (Doc.
# 22). The Court has read and reviewed the Motion, the Response, and the documents
on file with this Court, and being fully advised in the premises, finds as follows:
1. The Defendants named in this action, Maksim Rozenfeld and Manhatten Motors,
Inc., have been properly served (Doc. ## 5, 6), 1 and the Court has jurisdiction
over all parties and of the subject matter of this action;
2. Venue has been considered and is proper; and

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Defendant Rozenfeld was properly served under New York CPLR § 308(4), which allows for
so-called “Nail and Mail” service if repeated attempts at personal service have failed. (Doc.
# 12-2.)

3. Defendants failed to answer or otherwise respond as required by the Federal
Rules of Civil Procedure, and the Court is satisfied that neither Defendant is in
the active military service of the United States or is an infant, an officer or agent
of the State of Colorado, or an incompetent person.
Accordingly, it is ORDERED that:
1. Default judgment is entered in favor of Plaintiff and against Defendants Maksim
Rozenfeld, a/k/a Matt Rosen, and Manhatten Motors, Inc., jointly and severally, in
the total amount of $110,943.50 (representing $107,162.00 in general damages
and $3,781.50 in pre-judgment interest, calculated from March 11, 2015 to
August 19, 2015, Colo. Rev. Stat. §§ 5-12-101 and -102);
2. Post-judgment interest shall accrue thereon at the statutory rate of 8% per
annum from the date of this Order.
DATED:

August 25, 2015
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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