Emerald Performance Materials, LLC v. Recycling Solutions, LLC

Filing 9

DEFAULT JUDGMENT in favor of Emerald Performance Materials, LLC against Recycling Solutions, LLC. Signed by District Judge Max O. Cogburn, Jr on 5/28/2014. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:13-cv-00692-MOC-DSC
EMERALD PERFORMANCE MATERIALS,
LLC,
Plaintiff,
Vs.
RECYCLING SOLUTIONS, LLC,
Defendant.

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DEFAULT
JUDGMENT

THIS MATTER having come before the court for default judgment and it appearing that
default was properly entered by the Clerk of this Court, and that since entry of default defendant
has not appeared or moved to set aside default, and that plaintiff has shown by way of affidavit
that it is entitled to a sum certain from defendant, to wit, $99,250.00, with prejudgment interest1
thereupon accruing at the North Carolina judgment rate of 8% since the date of breach, April 13,
2013, N.C.Gen.Stat. §24-1, to the date of this judgment, May 28, 2014, which amounts to
$8,918.90 in interest, and with post-judgment interest thereupon accruing on the total judgment
of $108,168.90 at the federal judgment rate, Forest Sales Corp. v. Bedingfield, 881 F.2d 111 (4th
Cir. 1989),

1

The court has determined that prejudgment interest, while discretionary in federal court, is appropriate in
this case as plaintiff lost use of funds that were clearly due and owing to it from the date of breach and during the
pendency of this action. Quesinberry v. Life Ins. Co. of North America, 987 F.2d 1017 (4th Cir. 1993). Further,
North Carolina law, which governs prejudgment interest in diversity cases, 28 U.S.C. 1961(a), requires prejudgment
interest from the date of breach in contract actions. N.C.Gen.Stat. § 24-5(a). Prejudgment interest under North
Carolina law appears to run as simple interest as North Carolina does not allow “interest on interest.” NCNB v.
Ronbinson, 80 N.C.App. 154 (1986).

IT IS, THEREFORE, ORDERED, ADJUDGED, and DECREED that plaintiff’s
Motion for Default Judgment (#8) is granted, and JUDGMENT is ENTERED in favor of
plaintiff and against defendant in the amount of $108,168.90 (which sum includes prejudgment
interest on the sum certain owed), with post-judgment thereupon accruing at the lawful federal
judgment rate, and
This action is otherwise DISMISSED.
Signed: May 28, 2014