Bakken Resources v. Proland Services et al

Filing 34

ORDER granting 32 Motion for Default Judgment and directly clerk to enter default of Proland Services; and to enter default judgment against defendants Cunningham and Proland, jointly and severally for the sum certain of $176,476.24. Signed by Judge Sam E Haddon on 1/30/2017. (DED)

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FILED JAN 3 0 2017 Clerk, U.S. District Court District Of Montana Helena IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION BAKKEN RESOURCES, INC., Plaintiff, No. CV-15-65-H-SEH vs. ORDER PROLAND SERVICES, LLC and MARY CUNNINGHAM, Defendants. Plaintiffs First Amended Complaint 1 was filed on March 25, 2016, in response to the Court's Order of February 26, 2016. 2 Service of process of the First Amended Complaint was made on Defendant 1 Doc. 19. 2 Doc. 18. Mary Cunningham ("Cunningham") on April 20, 2016. 3 Service of process of the First Amended Complaint by substitute service, in accordance with Colorado Revised StatutesĀ§ 7-90-704(2), was made on Defendant Proland Services, LLC ("Proland") on August 31, 2016. 4 Default of Defendant Cunningham was entered on July 28, 2016, 5 and was upheld by Order of August 23, 2016. 6 Now pending before the Court are Plaintiffs Motion and Request for Entry of Default Against Defendant Proland Services, LLC and for Entry of Default Judgment Against each Defendant7 and supporting brief. 8 No response to the motion was filed by either Cunningham or Proland. The motion is well-taken under L.R. 7.l(d)(l)(B)(ii). ORDERED: 1. The clerk is directed to enter the default of Defendant Pro land for failure to appear or defend as required by law. 3 Doc. 21. 4 See Doc. 29; see also Doc. 29-1. 5 Doc. 24. 6 Doc. 27. 7 Doc. 32. 8 Doc. 33. -2- 2. The clerk is directed to enter default judgment against Defendants Cunningham and Proland, jointly and severally, for the sum certain of $176,475.24 as requested in Plaintiffs brief and the affidavit of Kimberly A. Beatty. 10 DATED this ,;;!axty ofJanuary, 2017. United States District Judge 9 Doc. 33 at 7. 10 Doc. 33-1 at 4. -3-

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