GE Commercial Distribution Finance Corporation v. Shaw et al
Filing
19
ORDER granting 16 Motion for Default Judgment; granting 18 Motion for Default Judgment; and pursuant to the consent arbitration award, the Court awards CDF a joint and several final judgment against Brian H. Shaw, Hoke S. Wilder, III, and Yellow Bluff Investments, LLC, in the total amount of $812,455.22, which shall include all accrued interest, charges and attorney's fees and has been reduced by any allowable credits or setoffs to which the respondent may be entitled. See Dkt. No. 1 Ex. B. The Clerk of Court is directed to enter an appropriate final judgment. Signed by Chief Judge Lisa G. Wood on 4/21/2011. (csr)
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JrunbiÍtk ÍbíÍon
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Petitioner,
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vs.
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BRIAN H. SHAW, HOKE S. WILDER, III, *
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and YELLOW BLUFF INVESTMENTS,
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LLC,
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Respondents.
GE COMMERCIAL DISTRIBUTION
FINANCE CORPORATION,
CV 210-151
ORDER
Petitioner GE Commercial Distribution Finance Corporation
(CDF) filed an application for an order from this Court
confirming a Consent Arbitration Award issued by the arbitrator
in American Arbitration Association Case Number 30 148 Y 00459.
See Dkt. No. 1. Petitioner now moves for a default judgment
against Respondents Brian H. Shaw, Hoke S. Wilder, III, and
Yellow Bluff Investments, LLC.
Rule 55(a) of the Federal Rules of Civil Procedure provides
that entry of default and default judgment are appropriate where
a defendant "has failed to plead or otherwise defend." See
A072A
(Rev. 8/82)
1
Vision Bank v. Hill, No. 10-0333, 2011 WL 250430, at *1 (S.D.
Ala. Jan. 25, 2011). Despite having been served with process in
October 2010,1 Respondents have yet to file a responsive
pleading, as required under the rules of procedure. See Fed. R.
Civ. P. 12(1) (A) (i) ("A defendant must serve an answer [] within
21 days of being served with the summons and complaint.").
Although Petitioner is not automatically entitled to
damages as a result of the default, a damage award is
appropriate in this case. The Court has reviewed the consent
arbitration award and finds that Petitioner has properly applied
to the Court for an order confirming the award. See 9 U.S.C. §
9. The Court also concludes that because the parties have agreed
to a specified sum of damages, no further findings are necessary
before an award of damages.
As a result, the Motion for Default Judgment is GRANTED,
and pursuant to the consent arbitration award, the Court awards
CDF a joint and several final judgment against Brian H. Shaw,
Hoke S. Wilder, III, and Yellow Bluff Investments, LLC, in the
total amount of $812,455.22, which shall include all accrued
interest, charges and attorney's fees and has been reduced by
1 The parties agreed that service in any action to confirm the consent
arbitration award would be "sufficient if forwarded by Federal Express to
Respondents" at an address provided in the agreement. See Dkt. No. 1, Ex. B.
Petitioner effected service through Federal Express on October 13, 2008. See
Dkt. Nos. 4-6; see also Trump v. Dagostino, No. 8:09cv-2460, 2010 WL 3365342,
at * 1 (M.D. Fla. Aug. 24, 2010) ("Accordingly, parties generally may agree in
advance to a method of service not otherwise permitted by Rule 4.").
AO 72A
(Rev. 8/82)
2
any allowable credits or setoffs to which the respondent may be
entitled. See Dkt. No. 1, Ex. B. The Clerk of Court is directed
to enter an appropriate final judgment.
SO ORDERED, this 21st day of April, 2011.
LISA GODBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AO 72A
(Rev. 8182)
3
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