DAYS INN WORLDWIDE, INC., v. KENDALL HOSPITALITY, LLC et al

Filing 10

FINAL JUDGMENT BY DEFAULT RE 9 Motion for Default Judgment ***CIVIL CASE TERMINATED. Signed by Judge Dickinson R. Debevoise on 9/7/11. (dc, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

DAYS INN WORLDWIDE. INC.,
Plaintiff,

v.

Civ. No, 10-4573 (DRD)

FINAL JUDGMENT BY DEFAULT

KENDALL HOSPITALITY LLC, KIM
SCHMIDT, and THOMAS SCHMIDT,
Defendants.

THIS MATTER having been presented to the Court upon the application of Plaintiff

Days Inn Worldwide, Inc. (“Days Inn”) for a Default Judgment; and it appearing that the
Complaint in this matter was filed on September 8, 2010, and service of a copy of the Summ
ons
and Complaint was effectuated with respect to each Defendant by October 8, 2010, and
it
appearing that default was duly noted by the Clerk of the Court against Defendants on Octobe
r
28, 2010 for their failure to plead or otherwise defend this action; and the Court having
considered the submissions of the moving party and good cause having been shown;
IT IS on this

9 day of September, 2011, hereby ORDERED that:

Days Inn Worldwide, Inc. shall have judgment against Defendants in the total amount of
$1,042,805.49. comprised of the following
a.

$428,450.11 for recurring fees due under the January 5, 2001 License
Agreement and November 20, 2002 Satellite Connectivity Services
Addendum.

b.

$453,559.25 for liquidated damages due under the January 5, 2001

License Agreement and November 20, 2002 Satellite Connectivity
Services Addendum.
c.

$149.463.23 for the outstanding balance due pursuant to the May 1, 2001
Note.

d.

$11,048.24 for attorney’s fees and costs.

e.

$284.66 in additional prejudgment interest due on the recurring fees,
liquidated damages, and outstanding balance of the Note.
(

••••.

—

I

/

J
‘

—

I.

.1
1/.

I
Z:
7
i,
L/
DICKINSON R. DEBEVOISE, U.S.S.D.J.