Merchant Ivory Productions (USA), Inc. et al v. Donaldson

Filing 36

ORDER granting 34 Motion for Entry of Default. Plaintiffs shall have 14 days from the date of this Order to provide complete documentation supporting any requested fees and costs. Defendant shall have 10 days from the filing of Plaintiffs' fees and costs submission to file any opposition thereto. Signed by Chief Judge Lisa G. Wood on 8/12/16. (wwp)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MERCHANT IVORY PRODUCTIONS,
(USA), INC. and
JAMES IVORY

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CV 414-240

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JOHN GILBERT DONALDSON, JR.

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ORDER STRIKING ANSWER AND
DIRECTING CLERK TO ENTER DEFAULT
The Defendant was given ample time and opportunity to comply with multiple Orders
of this Court. He has, nevertheless, elected to abandon any pretense of participation in the
case. Indeed, he failed to attend the hearing on Default despite multiple notices. Worse
still, he has ignored two Court Orders. First, he was Ordered, on February 18, 2016 to
respond to discovery requests and provide deposition dates within 14 days of the Order (Dkt.
26). He ignored that Order, even though it came with the warning that failure to comply
could result in having his answer stricken and default judgment entered against him (Ld. at fn.
2). Second, he was Ordered, on March 30. 2016 to pay Plaintiffs $2,480.23 in fees and
expenses within 21 days. (Dkt. 30). Once again, he ignored that Order. Defendant was
given the opportunity this morning to explain his conduct and oppose the requested default.
He did what has become his habit: nothing.
Accordingly. the Court finds Donaldson in willful disregard of multiple Orders of the
Court. Pursuant to Rule 37 (b)2)(A) his Answer is hereby stricken and the Clerk is
Ordered to enter default. True, the Court reserves entries of default for the most severe of
violations. Just as true Defendant's conduct—or lack thereof—fits that bill.

AO 72A
(Rev. g82)

Plaintiffs' written submission served on Defendant and their presentation at the
hearing proves clear justification for entry of default judgment in the amount of $401,965.91
in addition to the $2,480.23 Defendant was previously Ordered to pay. Plaintiffs'
well-pleaded allegations of fact in the Complaint are more than sufficient to establish a
breach of fiduciary duty, and damages for that breach in the requested amount of $401,965.91
are clearly documented. So too, jurisdiction has been established. In a September 1, 2015
Order, the Court set forth the complete facts and law establishing both subject matter and
personal jurisdiction in the present case (Dkt. 21).
Plaintiffs seek attorney's fees and costs as well. Plaintiffs shall have 14 days from
the date of this Order to provide complete documentation supporting any requested fees and
costs. Defendant shall have 10 days from the filing of Plaintiffs' fees and costs submission
to file any opposition thereto.
The Court will consider all filings and enter a Default Judgment in the appropriate
amount.

So ORDERED, this JJ

çfig4'st, 2016,

LI$A Q'ODBEY WOOD, CHIEF JUDGE
Ut1pED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AD 72A
(Rev, 882