Corinth Sand, LLC v. Castano

Filing 17

ORDER granting 15 Motion for Default Judgment. CASE CLOSED. Signed by District Judge Sharion Aycock on 3/24/2014. (psk) Modified on 3/24/2014 (dlh).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
CORINTH SAND, LLC

PLAINTIFF

V.

CAUSE NO.: 1:13CV112-SA-DAS

ERNESTO FLORES CASTANO

DEFENDANT
DEFAULT JUDGMENT

Plaintiff filed a complaint against the Defendant in this court on June 13, 2013. Ernesto
Flores Castano was served on September 26, 2013, but failed to answer pursuant to the Federal
Rules of Civil Procedure. The Clerk of Court entered default against the Defendant on October
23, 2013, and Plaintiff filed a Motion for Default Judgment attaching an affidavit that the
requested claims are for a sum certain.
Default Judgment Standard
Federal Rule of Civil Procedure 55(b)(2) permits the Court to enter a default judgment
against a non-appearing defendant. A defendant, “by his default, admits the plaintiff’s wellpleaded allegations of fact.” Nishimatsu Constr. Co., Ltd. v. Houston Nat’l Bank, 515 F.2d 1200,
1206 (5th Cir. 1975). But a default judgment is proper only if those well-pleaded factual
allegations establish a valid cause of action: “There must be a sufficient basis in the pleadings for
the judgment.” Id. Thus, the Court’s duty in considering a motion for default judgment is “to
ensure that Plaintiff is entitled to judgment as a matter of law based on the admitted factual
allegations of the Complaint.” Forman Perry Watkins Krutz & Tardy LLP v. Kelly Capital, LLC,
2011 U.S. Dist. LEXIS 137603, 2011 WL 5983296, at *1 (S.D. Miss. Nov. 29, 2011).

Discussion and Analysis
Plaintiff has presented sufficient evidence pursuant to a lease agreement that Ernesto
Flores Castano owes to Corinth Sand, LLC $536,746.01 in damages for amounts due under the
lease and attorneys’ fees allowable pursuant to that agreement.
Accordingly, pursuant to Federal Rule of Civil Procedure 55(b), the default judgment
[15] is GRANTED.
Judgment is entered in favor of the Plaintiff in the amount of $536,746.01, $528,683.51
which is due on rents owed under the lease, and $8,0623.50 which constitutes the attorneys’ fees
paid in the institution of this action, against Ernesto Flores Castano.
SO ORDERED, this the 24th day of March, 2014.
/s/ Sharion Aycock_________
U.S. DISTRICT JUDGE

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