Western Surety Company v. Mitex Roofing, Inc. et al

Filing 22

DEFAULT JUDGMENT as to Mitex Roofing, Inc. - Signed by Chief Judge Louise Wood Flanagan on 06/17/2011. (Baker, C.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Civil Action No. 7:10-cv-00153-FL

WESTERN SURETY COMPANY,

)
)
Plaintiff,
)
)
v.
)
)
MITEX ROOFING, INC.,
)
JOHN VINCENT BROSNAHAN,
)
KIMBERLY BROSNAHAN, and
)
RUDOLPH RAY MARTINEZ,
)
)
Defendants.
)
)
______________________________________________________________________________
DEFAULT JUDGMENT AGAINST DEFENDANT
MITEX ROOFING, INC.
______________________________________________________________________________
THIS CAUSE coming on to be heard before the undersigned, upon motion of Plaintiff
Western Surety Company (hereinafter "Plaintiff"), pursuant to Rule 55 of the Federal Rules of Civil
Procedure, for judgment by default against Defendant Mitex Roofing, Inc. (hereinafter
“Defendant”), and it appearing to the Court that:
1.

Plaintiff filed a Complaint with this Court on August 5, 2010.

2.

A Civil Summons was issued on August 5, 2010, directed to Defendant Mitex

Roofing, Inc., and was served, along with the Complaint, to the North Carolina Secretary of State,
c/o Service of Process Agent, at Post Office Box 29622, Raleigh, North Carolina 27626 on
September 7, 2010, pursuant to N.C.G.S § 55D-33, as authorized pursuant to Rule 4(h)(1)(B) of the
Federal Rules of Civil Procedure; service is evidenced by the Affidavit of Service filed on October
8, 2010.

3.

Pursuant to Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Defendant

Mitex Roofing, Inc. was required to serve its answer or otherwise respond to the claims set forth in
Plaintiff’s Complaint within 21 days after service of the Complaint, through and including
September 28, 2010.
4.

September 28, 2010 has passed and Defendant Mitex Roofing, Inc. has failed to file

or serve an answer or otherwise respond to the claims against it.
5.

Defendant Mitex Roofing, Inc.’s default was entered by the Clerk of the United States

District Court, Eastern District of North Carolina, Southern Division, and no proceedings have been
taken by Defendant since default was entered.
6.

Defendant is liable to Plaintiff for damages in the amount of $454,297.11 by reason

of the facts shown in the Complaint and the Affidavit of Bryan M. Seifert, which is incorporated
herein by reference.
7.

Defendant is liable to Plaintiff in damages for the sum certain of $454,297.11, plus

interest from the date of breach, by reason of the facts shown in the verified Complaint and in the
Affidavit of Bryan M. Seifert.
8.

Upon information and belief, Defendant is not under any legal disabilities, nor is

Defendant an infant, incompetent person or in the military service of the United States.
BASED ON THE FOREGOING FINDINGS OF FACT, THE COURT CONCLUDES AS A
MATTER OF LAW that Defendant Mitex Roofing, Inc. is subject to a default judgment on
Plaintiff’s claims.
BASED UPON THE FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF
LAW, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that a default judgment is
hereby entered against Defendant Mitex Roofing, Inc. on Plaintiff’s claims in the amount of
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$454,297.11, plus interest from the date of breach at the legal rate until paid in full, pursuant to the
Indemnity Agreement.
This the 17th day of June, 2011.

___________________________________
LOUISE W. FLANAGAN
Chief United States District Judge
HEC:
3741-3\P\012DefJudgMitex

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