EchoStar Satellite Services L.L.C. v. XStreamHD, LLC

Filing 10

OPINION re: 5 MOTION for Default Judgment as to Defendant XStreamHD, LLC filed by EchoStar Satellite Services L.L.C. Plaintiffs motion for a default judgment against defendant is granted. Judgment should be entered in the amount of $2,707,163.27. (Signed by Judge Thomas P. Griesa on 11/10/2011) (lmb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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USDCSDNY
DOCUMENT
ELEcrRONICALLY FILED

DOC#: ____________
DATE FILED: , t Ito I i I

ECHOSTAR SATELLITE SERVICES

L.L.C.,

11 Civ. 2790 (TPG)

Plaintiff,

OPINION

- against-

XSTREAMHD, LLC,

Defendants.

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Plaintiff EchoStar Satellite Services L.L.C. brought this action on April
26,2011, alleging that defendant XStreamHD, LLC owes unpaid invoices and
liquidated damages arising out of an agreement to lease segment (bandwidth)
capacity on a satellite. Plaintiff states that defendant owes $2,684,513.32 for
unpaid invoices, liquidated damages, and prejudgment interest, along with
$22,649.95 in attorneys' fees. Defendant has not responded to the complaint.
Plaintiff moves for default judgment.
The court may enter a default judgment when a party against whom
affirmative relief is sought has "failed to plea or otherwise defend." Fed. R. Civ.
P.55. Where defendant was served but failed to answer and the time to do so
has expired, plaintiff is entitled to a default judgment. Fed. R. Civ. P. 12(a)(1);
United States v. Wagner, 235 F. Supp. 854, 855-56 (S.D.N.Y. 1964).
Plaintiff served defendant with a copy of the summons and complaint on
May 3, 2011. Proof of service was filed with the court on May 31, 2011.
Defendant has not entered a notice of appearance or filed an answer or

otherwise moved with respect to the complaint, and the time for it to do so has
passed. On July 26, 2011, the Clerk of Court issued a Certificate of Default.
Plaintiffs motion for a default judgment against defendant is granted.
Judgment should be entered in the amount of $2,707,163.27.
SO ORDERED.
Dated: New York, New York
November 10, 2011

Thomas P. Griesa
U.S. District Judge