New Belvedere Partners LLC v. Habitas Group Ltd.

Filing 26

DEFAULT JUDGMENT. IT IS ADJUDGED AND ORDERED that Plaintiff's application forentry of default judgment is GRANTED pursuant to Fed. R. Civ. P. 55(b); and it is FURTHER ORDERED that the Court declares that Defendant is in defa ult of its obligations to pay pursuant to its contract with Plaintiff; and it is FURTHER ORDERED that Defendant shall pay $3,000,000.00 in damages; and it is FURTHER ORDERED that Defendant shall pay post-judgment interest pursuant to the rate set forth at 28 U.S.C. § 1961; and it is FURTHER ORDERED that this Court retains jurisdiction over any matter pertainingto this judgment; and it is FURTHER ORDERED that this case is dismissed, and the Clerk of the Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case.This is a final appealable order. See Fed. R. App. P. 4(a). SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/9/24) (yv)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

NEW BELVEDERE PARTNERS LLC,
Plaintiff,
v.

Civil Action No. 1:23-cv-10584
Hon. Katherine Polk Failla, U.S.D.J.
Hon. Gary Stein, U.S.M.J.

HABITAS GROUP LTD.,
Defendant.

DEFAULT JUDGMENT
WHEREAS this matter came before the Court on Plaintiff New Belvedere Partners LLC’s
(“Plaintiff”) application for entry of a default judgment against Defendant Habitas Group Ltd.
(“Defendant”) under Fed. R. Civ. P. 55(b) and L.R. 55.2; and
WHEREAS, Plaintiff filed its application for entry of default judgment establishing
$11,539,733.00 in total damages, comprised of Plaintiffs’ principal amount of damages,
attorneys’ fees pursuant to the contract, filing fees, and process service costs (see Dkt. #22); and
WHEREAS, based on the limitation of liability provision in the contract, Plaintiff seeks
entry of default judgment in the amount of $3,000,000.00; and
WHEREAS, Defendant has not filed any answer or otherwise moved with respect
to Plaintiff’s Amended Complaint in this action; and
WHEREAS, Defendant has not filed any opposition to Plaintiff’s application for default
judgment; and
WHEREAS, the Court held a hearing for Plaintiff’s application on May 9, 2024, and
Defendant failed to appear, despite having acknowledged notice of the hearing on April 8, 2024.
(See Dkt. #25 ¶ 3).

THEREFORE, IT IS ADJUDGED AND ORDERED that Plaintiff’s application for
entry of default judgment is GRANTED pursuant to Fed. R. Civ. P. 55(b); and it is
FURTHER ORDERED that the Court declares that Defendant is in default of its
obligations to pay pursuant to its contract with Plaintiff; and it is
FURTHER ORDERED that Defendant shall pay $3,000,000.00 in damages; and it is
FURTHER ORDERED that Defendant shall pay post-judgment interest pursuant to the
rate set forth at 28 U.S.C. § 1961; and it is
FURTHER ORDERED that this Court retains jurisdiction over any matter pertaining
to this judgment; and it is
FURTHER ORDERED that this case is dismissed, and the Clerk of the Court is
directed to terminate all pending motions, adjourn all remaining dates, and close this case.
This is a final appealable order. See Fed. R. App. P. 4(a).
May 9, 2024
Dated: _______________________
New York, New York

SO ORDERED.

__________________________
Hon. Katherine Polk Failla
United States District Judge