Aristilde et al v. Todd Glover Farms, Inc. et al

Filing 77

DEFAULT JUDGMENT in favor of Aviles Derilus, Kethlie Aristilde against John Doe, Pedro Martinez. Plaintiff Kethlie Aristilde SHALL recover from defendants John Doe and Pedro Martinez, jointly and severally, the sum of $225,000. Plaintiff Kethli e Aristilde also shall recover pre-judgment interest at the legal rate. Post-judgment interest shall accrue at the legal rate until this judgment is paid in full by either or both defendants. Plaintiff Aviles Derilus SHALL recover from defendants Joh n Doe and Pedro Martinez, jointly and severally, the sum of $200,000. Plaintiff Aviles Derilus also shall recover pre-judgment interest at the legal rate. Post-judgment interest shall accrue at the legal rate until this judgment is paid in full by either or both defendants. Signed by Chief Judge James C. Dever III on 2/12/2018. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No: 5:14-CV-566-D

KETHLIE ARISTILDE, A VILE DERILUS, )
)
and lVIIRTHA DERILUS,
)
Plaintiffs,
)
)
v.
)
)
TODD GLOVER FARMS, INC.,
)
JOHN DOE and PEDRO MARTINEZ,
)
)
Defendants.
)

JUDGMENT

On February 12, 2018, the court held a hearing concerning plaintiffs Kethlie Aristilde and
Avile Derilus ("plaintiffs") motion for a default judgment against defendants John Doe and Pedro
Martinez ("defendants") [D.E. 61]. Having considered the entire record, the court enters the
following fmdings of fact and conclusions oflaw.
Plaintiffs seek damages arising out of an automobile accident that occurred on September 5,
2011. Plaintiffs served defendants via publication. The court has subject-matter jurisdiction based
on diversity jurisdiction. See 28 U.S.C. § 1332. On May 10,2016, the court entered default as to
defendant Pedro Martinez, and defendant Pedro Martinez is liable to plaintiffs for damages. See
[D.E. 48]. On July 14, 2016, the court entered default as to defendant John Doe, and defendant John .
Doe is liable to plaintiffs for damages. See [D.E. 54].
Defendants Pedro Martinez and John Doe are in default, and plaintiffs are entitled to a default
judgment. See Fed. R. Civ. P. 55(b)(2). The court finds that plaintiffKethlie Aristilde was injured
or damaged by defendants' negligence. The court also finds that plaintiffKethlie Aristilde is entitled
to recover total compensatory damages from defendants in the amount of $225,000.

The court finds that plaintiff Avile Derilus was injured or damaged by defendants'
negligence. The court also finds that plaintiffA vile Derilus is entitled to recover total compensatory
damages from defendants in the amount of $200,000.
Plaintiffs seek attorney fees and costs. The motion for attorney fees and costs is denied.
Plaintiffs also may recover pre-judgment interest at the legal rate and post-judgment interest at the
legal rate. Defendants are jointly and severally liable.
In sum, plaintiff Kethlie Aristilde SHALL recover from defendants John Doe and Pedro
Martinez, jointly and severally, the sumof$225,000. PlaintiffKethlie Aristilde also shall recover
pre-judgment interest at the legal rate. Post-judgment interest shall accrue at the legal rate until this
judgment is paid in full by either or both defendants. Plaintiff Avile Derilus SHALL recover from
defendants John Doe and Pedro Martinez, jointly and severally, the sum of $200,000. Plaintiff
Avile Derilus also shall recover pre-judgment interest at the legal rate. Post-judgment interest shall
accrue at the legal rate until this judgment is paid in full by either or both defendants.
SO ORDERED. This_!!._ day of February 2018.

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