DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt Am Main, New York Branch v. Palmes

Filing 19

ORDER construing Doc. 10 as a motion for default judgment; granting 10 --moton for default judgment; directing the Clerk to ENTER JUDGMENT in favor of the plaintiff and against the defendant for $250,191.53, TERMINATE any pending motion, and CLOSE the case. Signed by Judge Steven D. Merryday on 4/19/2010. (BK)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DZ BANK AG DEUTSCHE ZENTRALGENOSSENSCHAFTSBANK, FRANKFURT AM MAIN, NEW YORK BRANCH, Plaintiff, v. LISSA M. PALMES, Defendant. __________________________________/ ORDER The plaintiff sues (Doc. 1) for breach of contract and claims damages in the amount of $222,824.10, plus interest, attorney's fees, and costs. Although the plaintiff served the defendant on January 27, 2010, the defendant fails to respond. The Clerk defaults (Doc. 17) the defendant and the plaintiff moves (Doc. 10) for "summary judgment" pursuant to Rule 56, Federal Rules of Civil Procedure. Construing the plaintiff's motion as a motion for default judgment (pursuant to Rule 55(b)), the motion (Doc. 10) is GRANTED. The Clerk is directed to (1) enter judgment in favor of the plaintiff and against the defendant in the amount of $250,191.53, which consists of $222,824.10 in principle; $25,252.03 in interest; $1,675 in attorney's fees; and $440.40 in costs; (2) terminate any pending motion; and (3) close the case. ORDERED in Tampa, Florida, on April 19, 2010. CASE NO.: 8:10-cv-101-T-23AEP