Injazat Technology Fund B.S.C. v. Najafi et al

Filing 23

DEFAULT JUDGMENT in favor of Plaintiff Injazat Technology Fund, B.S.C. and against Defendant Hamid Najafi in the amount of $3,426,553.45, with interest to accrue on the judgment from the date of the judgment at the statutory rate. Signed by Judge James C. Mahan on 11/10/11. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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INJAZAT TECHNOLOGY FUND
B.S.C.,

2:11-CV-1355 JCM (GWF)

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Plaintiff,

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v.

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HAMID NAJAFI, et al.,

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Defendants.

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ORDER

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Presently before the court is plaintiff Injazat Technology Fund, B.S.C.’s motion for entry of

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default judgment against defendant Hamid Najafi. (Doc. #22). Plaintiff has filed the affidavit of

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Jeffrey S. Rugg (doc. #70-A) in support of its motion. Defendant has not filed an opposition.

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Pursuant to Federal Rule of Civil Procedure 55(a), “[w]hen a party against whom a judgment

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for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by

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affidavit or otherwise, the clerk must enter the party's default.” Federal Rule of Civil Procedure

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55(b)(2) provides that “a court may enter a default judgment after the party seeking default applies

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to the clerk of the court as required by subsection (a) of this rule.” Pursuant to local practice, the

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clerk has converted this motion to a Rule 55(b)(2) motion and referred it to the court for

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adjudication.

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Plaintiff filed this suit on August 22, 2011. (Doc. #1). On August 28, 2011, defendant Najafi

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was served with a copy of the summons. (Doc. #11). To date, defendant Najafi has not appeared

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James C. Mahan
U.S. District Judge

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in this matter. This court previously granted plaintiff’s petition to confirm the aribitral award against

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Najafi in the amount of $3,426,553.45. (Doc. #18). On October 3, 2011, and October 21, 2011, the

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clerk entered notice of default against Hamid Najafi for his failure to respond or otherwise defend.

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(Docs. #16 and #21).

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In light of the court’s previous confirmation of the arbitral award, and defendant Najafi’s

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failure to appear in this case, this court finds that entering default judgment against Najafi is

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appropriate.

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Accordingly,

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IT IS HEREBY ORDERED ADJUDGED AND DECREED that plaintiff’s motion for

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default judgment (doc. #22) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that default judgment be entered in favor of plaintiff in the

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amount of $3,426,553.45, with interest to accrue on the judgment from the date of the judgment at

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the statutory rate.

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DATED November 10, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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