La Grasso Bros., Inc. v. American Foodservice, LLC, et al

Filing 29

DEFAULT JUDGMENT in favor of PLAINTIFF against American Foodservice, LLC. Signed by District Judge Marianne O. Battani. (BThe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LA GRASSO BROS. INC., Plaintiff, v. CIVIL CASE NO. 10-10711 AMERICAN FOODSERVICE, L.L.C., and DAVID M. MAZUR, JR., HON. MARIANNE O. BATTANI Defendants. _____________________________________/ DEFAULT JUDGMENT FOR PLAINTIFF AND AGAINST DEFENDANT AMERICAN FOODSERVICE LLC Upon the Court’s finding in the Opinion and Order Granting Plaintiff’s Motion for Summary Judgment (Doc. 21 at 4-6) that Defendant American Foodservice LLC has failed to plead or otherwise defend in this action, the Clerk’s Entry of Default against Defendant American Foodservice (Doc. 23), Plaintiff La Grasso Bros. Inc.’s Motion for Default Judgment (Doc. 26), and the Court being otherwise advised in the premises, IT IS HEREBY ORDERED that Plaintiff’s Motion for Default Judgment be GRANTED and DEFAULT JUDGMENT be entered against Defendant American Foodservice in the amount of $27,867.50, plus pre-judgment contractual interest at a rate of 18% per annum of $6,530.31, for a total judgment amount of $34,397.91 under Section 5(c) of the Perishable Agricultural Commodities Act, 7 U.S.C. § 499(e)(c), and post-judgment interest at the rate specified in 28 U.S.C. § 1961 until paid. IT IS SO ORDERED. 1 s/Marianne O. Battani MARIANNE O. BATTANI UNITED STATES DISTRICT JUDGE DATED: April 28, 2011 CERTIFICATE OF SERVICE Copies of this Order were served upon Counsel for the Plaintiff and Defendant, American Foodservice LLC via ordinary mail and/or electronically. s/Bernadette M. Thebolt Case Manager 2

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