Joe Hand Promotions, Inc. v. Diamond Kings LLC et al

Filing 24

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff Joe Hand Promotions, Inc.'s motion for default judgment against Craig Morris [# 18 ] and motion for default judgment against Diamond Kings LLC [# 22 ] are GRANTED IN PART, and a default judgment in the amount of $100,000, together with reasonable costs, will be entered this same date. Plaintiff must file its bill of costs by the date set by Local Rule. Signed by District Judge Catherine D. Perry on 01/09/2013. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOE HAND PROMOTIONS, INC.,
Plaintiff,
vs.
DIAMOND KINGS LLC, et al.,
Defendants.

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Case No. 4:12CV962 CDP

MEMORANDUM AND ORDER
Plaintiff has filed motions for default judgment against defendants Diamond
Kings LLC and Craig Morris. The Clerk of Court granted Entry of Default against
Craig Morris on October 24, 2012, and against Diamond Kings LLC on December
21, 2012. Based on the pleadings and evidence produced by the plaintiff, it has
established its right to obtain a default judgment in the statutory amount of
$100,000 against these defendants, as well as its reasonable costs.
However, plaintiff filed separate motions for default judgment against these
defendants, each seeking a judgment in the amount of $100,000. In its complaint,
plaintiff seeks “statutory damages in the amount of $100,000 against defendants”
for one particular violation of 47 U.S.C. § 605. Thus, I will only allow plaintiff to
recover $100,000 against these defendants jointly and severally, in accordance
with the statute and plaintiff’s complaint.

Plaintiff shall file a bill of costs to recover its specific costs incurred in this
action pursuant to Local Rule 54-8.03. Plaintiff also seeks to recover interest on
this judgment at the state statutory rate of nine percent. All federal judgments
draw interest at the (much lower) federal rate set by federal law, so there is no
need to include interest in the judgment form.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff Joe Hand Promotions, Inc.’s
motion for default judgment against Craig Morris [#18] and motion for default
judgment against Diamond Kings LLC [#22] are GRANTED IN PART, and a
default judgment in the amount of $100,000, together with reasonable costs, will
be entered this same date. Plaintiff must file its bill of costs by the date set by
Local Rule.

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CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 9th day of January, 2013.

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