WINGATE INNS INTERNATIONAL, INC. v. VANDUR INN, INC. et al

Filing 13

FINAL JUDGMENT BY DEFAULT as to Vandur Inn, Inc. entered in favor of Wingate Inns International, Inc. against Vandur Inn, Inc. in the total amount of $375,654.00, includes interest, attorneys' fees & costs; that this action shall remain stayed as to Pltf's claims against defts. Robert Durham & Peggy Durham until such time as the automatic stay is lifted, etc., re 12 Motion for Default Judgment. Signed by Judge Jose L. Linares on 10/11/12. (dc, )

Cas 2:12-cv-04622-JLL-MAH Document 12-3 Filed 09/20/12

Page 1 of 2 PagelD: 235

DAY PITNEY LLP
ONE JEFFERSON ROAD, PARSIPPANY, NJ 07054-2891
[phone]
pmarinodaypitneycom

Attorneys for Plaintiff
Wingate Inns International, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
WINGATE INNS INTERNATIONAL, INC.,
a Delaware Corporation,

:

HONORABLE JOSE L. LINARES
Civil Action No. 12-04622 (JLLXMAH)

Plaintiff,
V.

VANDUR INN, INC., an Idaho Corporation;
ROBERT DURHAM, an individual; and
PEGGY DURHAM, an individual,
Defendants.

FINAL JUDGMENT BY DEFAULT
AS TO VANDUR INN, INC.

(Document Filed Electronically)

This matter having been opened to the Court by plaintiff, Wingate Inns Interna
tional, Inc.,
(“WIT”), by its attorneys, Day Pitney LLP, seeking the entry of final judgm
ent by default against
defendant Vandur Inn, Inc. (“Vandur”), pursuant to Fed. R. Civ. P. 55(b)(2
); and it appearing that
the Complaint in this matter was filed on July 24, 2012, seeking damages
as a result of the breach of
a franchise agreement between Wil and Vandur, and breach of a promis
sory note; and service of a
copy of the Summons and Complaint having been effectuated with respec
t to Vandur by personally
serving Vandur’s registered agent in Twin Falls, Idaho on August 10,
2012; and it appearing that
default was duly noted by the Clerk of the Court against Vandur on
August 28, 2012 for its failure
to plead or otherwise defend in this action; and defendants Robert Durham
and Peggy Durham
84383960.1

Ca

2:12-cv..04622-JLL-MAH Document 123 Filed 09/20/12

Page 2 of 2 PagelD: 236

having filed a petition for bankruptcy in the United States Bankruptcy Court for the District of Idaho
on August 28, 2012; and the Court having stayed the action only as to Robert Durham and Peggy

Durham; and the Court having reviewed the papers; and good cause having been shown;
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IT IS on this

ark

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&Jj

day of

,

2012,

ORDERED, ADJUDGED, AND DECREED that WI! have final judgment
against Vandur Inn, Inc. in the total amount of $375,654.00, comprised of the following:
a) $88,548.36 for Recurring Fees (principal plus prejudgment interest);
b) $279,174.96 for amounts outstanding on a promissory note (principal plus
prejudgment interest); and
c) $7,930.68 for attorneys’ fees and costs; and it is further
ORDERED, ADJUDGED AND DECREED, that this action shall remain stayed

with respect to WIT’s claims against defendants Robert Durham and Peggy Durham until such time
as the automatic stay pursuant to 11 U.S.C.

§ 362(a) is lifted; and it is further

ORDERED, ADJUDGED AND DECREED, that because there is no just reason
for delay of this Order, pursuant to Fed. R. Civ. P. 54(b), this Order constitutes a final judgment
entered against defendant Vandur Inn, Inc.; and it is further
ORDERED, ADJUDGED AND DECREED, that beyond the date of this Order,
post-judgment interest with respect to the total amount of this Judgment will continue to accrue at
the rate allowed by law until the Judgment is paid in full.

HOJQSE L. LINARES, U.S.D.J.
-2
B4383960. 1

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