HOWARD JOHNSON INTERNATIONAL, INC v. AYAAN GROUP, LLC et al

Filing 8

OPINION. Signed by Judge Jose L. Linares on 9/6/2016. (seb)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CIVIL ACTION NO. 16-1247 (JLL)

HOWARD JOHNSON
INTERNATIONAL, INC.,

OPINION
Plaintiff,
V.

AYAAN GROUP, LLC, et al.,
Defendants.

THIS IS an action to recover damages for the alleged breach of a hotel franchise
agreement.

(Scc dkt.

and Israt Hussain

1)1

The plaintiff alleges that the defendants

—

Ayaan Group, LLC,

“unilaterally terminated the franchise agreement by ceasing to

operate the facility as a Howard Johnson® guest lodging facility”.

(Rh at 5.)

THE CLERK Of THE COURT has entered default in favor of the plaintiff and
against the defendants in accordance with Federal Rule of Civil Procedure (hereinafter,
“Rule”) 55(a).

(S.c entry following dkt. 6.)

THE PLAINTIFF now moves pursuant to Rule 55(b)(2) for the entry of default
judgment against the defendants.

(Sc dkt. 7.) The plaintiff has submitted proof of

damages in support of the motion. (See dkt. 7

—

dkt. 7-3.) In addition, the plaintiff has

The Court will refer to documents by the docket entry numbers and the page numbers
imposed by the Electronic Case Filing System.

demonstrated that it has: (1) notified the defendants about the entry of default; and (2)
served the motion papers upon the defendants. (Sç dkt. 7 at 4; dkt. 7-2 at 12.)
THE DEFENDANTS have not opposed the motion, even though the time to do so

has elapsed. The Court’s independent research reveals that the defendants do not have
any pending petitions for bankruptcy protection, and thus the defendants could have
responded to the motion.
THE COURT will decide the motion without oral argument. $çç L.Civ.R.

78.1(b). The Court will grant the motion, because the Court’s review of the supporting
papers reveals that the plaintiff has demonstrated entitlement to relief.
THE COURT notes that the defendants have an available avenue to contest the

entry of default judgment, if appropriate. $çç Fed.R.Civ.P. 55(c) (stating court

“may set

aside a final default judgment under Rule 60(b)”); see also Fed.R.Civ.P. 60(b) (setting
forth grounds for relief from a final judgment). For good cause appearing, the Court will
issue an appropriate order and judgment.

L. LINARES
United States District Judge

Dated: September

,2016

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