Patterson v. Baumhaft et al

Filing 26

ORDER Granting 25 Motion for Default Judgment. Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ROBERT SCOTT PATTERSON,

Plaintiff,

Case No. 11-15317
HON. GERSHWIN A. DRAIN

vs.

MICHAEL BAUMHAFT, et al.,
Defendants.
__________________________________/
ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT [#25]
Presently before the Court is Plaintiff’s Motion for Default Judgment, filed on
November 19, 2012. Plaintiff moves for entry of default judgment in the amount of
$387,591.00 for economic damages resulting from Defendants, Universal Homes, LLC
(“Universal Homes”), and Midwest Express Funding Inc.’s (“Midwest Express”), breach of
the parties’ agreements. Plaintiff also seeks non-economic damages in the amount of
$100,000.00, however he provides no authority for the proposition that non-economic
damages are recoverable in an action of this nature.
The summons and complaint were served on Universal Homes and Midwest
Express on February 1, 2012. See Dkt. Nos. 6, 7. On November 7, 2012, Defendants
withdrew their Answer to Plaintiff’s Complaint. On November 12, 2012, Plaintiff filed a
Request for Clerk’s Entry of Default against Universal Homes and Midwest Express. On

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November 14, 2012, the Clerk of the Court entered a default against both Defendants
Universal Homes and Midwest Express for failure to plead or otherwise defend in this
matter. See Dkt. Nos. 23 and 24.
Accordingly, the Court GRANTS Plaintiff’s motion for default judgment in the amount
of $387,591.00. Defendant Universal Homes is a Michigan limited liability company, and
Defendant Midwest Express is a Michigan corporation, thus neither entity is an individual
in active military service, a minor or incompetent person. Default judgment is hereby
entered against Defendants Universal Homes and Midwest Express, jointly and severally,
in the amount of $387,591.00.
SO ORDERED.
Dated: November 20, 2012
/s/ Gershwin A. Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 20, 2012, by electronic mail.
/S/ Tanya Bankston
Deputy Clerk

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