Nutri Yo S.A. v. Robinson

Filing 26

MEMORANDUM, ORDER AND ENTRY OF PERMANENT INJUNCTION : IT IS HEREBY ORDERED: I. PlaintiffNutri Yo's Motion for Default Judgment is granted as described herein. 2. The Court hereby declares that~ 10 of the contract requires all legal action or e xtra-judicial proceedings arising from the contract be filed or take place in this Court or the Circuit Court of St. Louis County, Missouri. 3. Defendant Ashley Robinson is hereby permanently enjoined from initiating any legal proceedings or extra- judicial proceedings against PlaintiffNutri Yo or Meds & Food for Kids, or any of their officers, directors, employees, or agents in any place other than in this Court or in the Circuit Court of St. Louis County, Missouri. 4. The bond previously po sted by Plaintiff in the amount of $1.00 is hereby ordered released to Plaintiff forthwith. 5. Violation of this permanent injunction will subject Defendant to penalties for contempt of court. 6. An appropriate judgment will accompany this Memorandum, Order and Entry of Permanent Injunction. Signed by District Judge Ronnie L. White on 01/13/2016. (KCB)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI

NUTRI YO S.A.,

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Plaintiff,
v.

ASHLEY ROBINSON,
Defendant.

Case No. 15CV1763

MEMORANDUM, ORDER AND ENTRY OF PERMANENT INJUNCTION
THIS MATTER comes before the Court on PlaintiffNutri Yo S.A.'s Motion for Default
Judgment and Application for Permanent Injunction.
Plaintiff filed its Verified Complaint for Declaratory Judgment and Injunctive Relief
("Complaint") on November 30, 2015. This Court has previously found Plaintiff satisfied its
obligations for service of process on Defendant by electronic mail. (Doc. No 17). On December
14, 2015 , Defendant acknowledged receipt of the Complaint at some point prior to that date. As
a benefit to Defendant, this Court elects to use December 14, 2015 as the date of service. Even
using that date as the date of service, Defendant has failed to appear, answer or otherwise defend
against the Complaint. The Clerk of the Court made entry of default pursuant to Plaintiffs
Motion for Clerk' s Entry of Default. All allegations contained in Plaintiffs Complaint are
deemed admitted.
APPLICABLE LAW
"It is well established ... that entry of default by the Clerk does not entitle the nondefaulting party to a default judgment as a matter of right." United States v. $345,510.00 in US.
Currency, 2002 WL 22040, at *2 (E.D. Minn. Jan. 2, 2002) (Citations omitted). "[W]hen

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default judgment is entered, facts alleged in the complaint may not be later contested." Marshall

v. Baggett, 616 F.3d 849, 852 (8th Cir. 2010). However, it remains for the [district] court to
consider whether the unchallenged facts constitute a legitimate cause of action, since a party in
default does not admit mere conclusions of law." Murray v. Lene, 595 F.3d 868, 871 (8 1h Cir.
2010) (quoting lOA C. Wright Miller & A. Miller & M. Kane, Federal Practice and Procedure§
2688 at 63 (3d ed. 1998)).

DISCUSSION
After consideration of the allegations in the Complaint that have been deemed admitted,
affidavits and other materials submitted in connection with the instant motion and the testimony
of Patricia Wolff during the evidentiary hearing on Plaintiffs Application for Preliminary
Injunction on December 14, 2015 , which testimony the Court found and finds credible, this
Court finds the Complaint adequately alleges and supports the declaratory relief sought.
Therefore, the entry of default judgment pursuant to Rule 55(b)(2) is proper. This Court also
enters an order making permanent its Order of Preliminary Injunction (Doc. No. 17).
In support of its Order and Judgment the Court finds Plaintiff and Defendant entered into
a Memorandum of Understanding ("contract") regarding Defendant' s employment as Chief
Executive Officer of Plaintiff dated July 20, 2015 . The contract includes a "Governing Law and
Venue" provision that provides:
The validity, interpretation, construction and performance of this MOU shall be
governed by the laws of the state of Missouri without regard to its conflicts of law
principles. Any action for injunctive relief, if required, shall be commenced in
either the Circuit Court of St. Louis County, Missouri of the United States District
Court for the Eastern District of Missouri. ROBINSON AND NY EACH
CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH
COURTS.
(contract,~ 10.)

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The Court finds and declares the "Governing Law and Venue" provision of the contract
requires all legal action arising from the contract be filed in this Court or the Circuit Court of St.
Louis County, Missouri.
This Court finds Plaintiff terminated Defendant' s employment on October 26, 2015.
After Defendant was terminated, this Court finds Defendant hired legal counsel in the Republic
of Haiti for the purpose of initiating legal proceedings or extra-judicial proceedings against
Plaintiff in that jurisdiction. The Court concludes that such threats of immediate legal action by
retained counsel of Defendant in the Republic of Haiti constitute an actual controversy.
This Court finds credible Plaintiffs past experience in the Haitian legal system that
resulted in matters not being resolved on their merits and actions being taken such as judicial or
extra-judicial orders closing businesses, schools and orphanages to compel a result or to compel
parties to be subject to extra-judicial proceedings such as arbitration (none of which are provided
for under the contract). The Court further finds the "Governing Law and Venue" provision of
the Contract was included therein, in part, for the legitimate business purpose of avoiding the
laws and legal system of the Republic of Haiti including the prospect of being subjected to legal
proceedings including extra-judicial proceedings in Haiti and to ensure disputes between the
parties would be resolved on their merits under the law as provided in the contract.
This Court finds Plaintiff is and will continue to suffer immediate and irreparable injury
by Defendant unless Defendant be permanently enjoined from initiating any legal proceedings or
extra-judicial proceedings or any other attempt to force Plaintiff to satisfy Defendant' s demands
against Plaintiff in any jurisdiction including, but not limited to, the Republic of Haiti, other than
in this Court or the Circuit Court of St. Louis County, Missouri. There is no adequate remedy at
law to prevent such injuries and harm to Plaintiff.

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IT IS HEREBY ORDERED:
I.

PlaintiffNutri Yo ' s Motion for Default Judgment is granted as described herein.

2.

The Court hereby declares that~ 10 of the contract requires all legal action or

extra-judicial proceedings arising from the contract be filed or take place in this Court or the
Circuit Court of St. Louis County, Missouri.
3.

Defendant Ashley Robinson is hereby permanently enjoined from initiating any

legal proceedings or extra-judicial proceedings against PlaintiffNutri Yo or Meds & Food for
Kids, or any of their officers, directors, employees, or agents in any place other than in this Court
or in the Circuit Court of St. Louis County, Missouri .
4.

The bond previously posted by Plaintiff in the amount of $1.00 is hereby ordered

released to Plaintiff forthwith.
5.

Violation of this permanent injunction will subject Defendant to penalties for

contempt of court.
6.

An appropriate judgment will accompany this Memorandum, Order and Entry of

Permanent Injunction.
SO ORDERED.

~falitu
United
States District Court Judge

This

/5tJ.-day of January, 2016 .
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