The Pantry, Inc. v. Dolce Bevuto, LLC

Filing 16

DEFAULT JUDGMENT as to Dolce Bevuto, LLC. Signed by Chief Judge James C. Dever III on 4/17/2013. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5: 12-CV-00764

THE PANTRY, INC.,
Plaintiff,

v.
DOLCE BEVUTO, LLC,
Defendant.

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ORDER ENTERING DEFAULT
JUDGMENT

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THIS CAUSE came to be heard before the undersigned on

Apr .-1

l 1 .'l.Of3on Plaintiff The
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Pantry Inc.'s Motion for Entry of Default Judgment against Defendant Dolce Bevuto, LLC
("Defendant"). Upon consideration of the pleadings, this motion, and the evidence attached
thereto, this Court makes the following findings:
1. The summons and Complaint were properly served on Defendant on November 27, 2012.

2. The Clerk of Court, upon Plaintiffs motion, entered default against Defendant on
January 31,2013.
3. Defendant was obligated to pay Plaintiff $92,325 in account shortages under a Funding
Agreement.
4. Defendant breached the Funding Agreement on March 31, 2012.
5. Defendant's breach directly and proximately caused Plaintiff damage in the amount of
$92,325, and Defendant is liable for that amount.
6. Defendant is also liable for the costs of court in the amount of$

..3 50

NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
Plaintiff's Motion for Entry of Default Judgment is hereby granted, and DEFAULT
JUDGMENT is hereby entered against Defendant Dolce Bevuto, LLC in the amount of $92,325
plus court costs in the amount of$

.3SO

and interest at the legal rate from March 31, 2012

until fully satisfied.
SO ORDERED. This fl day of April2013.

(J~1viM
JAS C. DEVER III
Chief United States District Judge