Sprung Instant Structures, Inc. v. Retreat at Bear Lake, LLC

Filing 16

DEFAULT JUDGMENT granting 14 Motion for Default Judgment in favor of Plaintiff against Defendant in the amount of $459,572.37. Plaintiff is also entitled to the two Signature Series Temporary Tensioned Membrane Structures. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

SPRUNG INSTANT STRUCTURES,
INC., a Texas Corporation,
Plaintiff,

Case No. 1:11-cv-00292-BLW
DEFAULT JUDGMENT

v.
THE RETREAT AT BEAR LAKE, LLC,
an Idaho Limited Liability Company,
Defendant.

The Court has before it Plaintiff’s Motion for Entry of Default Judgment (Dkt. 14).
This case involves the lease of two Signature Series Temporary Tensioned Membrane
Structures. Plaintiff’s Complaint requested payment for the leased structures, attorney
fees and costs, and entitlement to the structures.
On July 22, 2011, Plaintiff filed a Motion for Entry of Default. (Dkt. 4.) On
August 17, 2011, Magistrate Judge Dale entered an Order granting Steven Wuthrich’s
motion to withdraw as counsel for the Defendant. (Dkt. 10.) The Order stayed all

DEFAULT JUDGMENT - 1

proceedings for twenty-one (21) days from the filing of proof of service of the Order.
(Dkt. 10 at para. 3.) The Order further stated that, “[i]f Defendant fail[ed] to appear in
this action, through a newly-appointed attorney within that twenty-one (21) day period,
such failure shall be grounds for entry of default against Defendant without further
notice.” (Id.) Proof of service of the order was filed August 18, 2011. (Dkt. 11.)
Defendant failed to timely appear through counsel. Accordingly, Judge Dale entered
default against Defendant The Retreat at Bear lake, LLC, pursuant to Fed. R. Civ. P.
55(a).
Plaintiff now asks this Court for default judgment pursuant to Fed. R. Civ. P.
55(b). Plaintiff asks for judgment in the amount of $459,572.37 for the amount due under
the lease and attorney fees and costs. Plaintiff also asks for judgment that Plaintiff is
entitled to the structures. The motion is supported by counsel’s affidavit of fees and
costs, as well as the affidavit of Phil Sprung, Jr., President of Plaintiff Sprung Instant
Structures, Inc. (Dkts. 14-2 and 14-3.) Mr. Sprung’s affidavit is supported by the
Verified Complaint, which explains in detail the amount due under the lease. (Dkt. 1.)
The Court, being fully satisfied that Plaintiff is entitled to default judgment as
requested, enters the following Judgment:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1.

Plaintiff’s Motion for Entry of Default Judgment (Dkt. 14) is GRANTED.

2.

Judgment is entered in favor of Plaintiff against Defendant in the amount of
$459,572.37. Plaintiff is also entitled to the two Signature Series

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Temporary Tensioned Membrane Structures which are more fully described
in the Verified Complaint (Dkt. 1.)
DATED: October 5, 2011

B. LYNN WINMILL
Chief U.S. District Court Judge

DEFAULT JUDGMENT - 3