Bell v. USHBB, Inc. et al

Filing 17

ORDER granting 15 Motion for Default Judgment against Defendant James A. Moore. Defendants USHBB and Moore are jointly and severally liable to the Receiver for $13,222,800.93 in damages on the Receiver's Fourth Claim for Relief for unfair and deceptive trade practices, which consists of $4,406,600.31 in damages trebled. Signed by Senior Judge Graham Mullen on 12/2/2015. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION

KENNETH D. BELL, in his capacity as courtappointed Receiver for Rex Venture Group,
LLC d/b/a ZeekRewards.com,
Plaintiff,
vs.
USHBB, INC., JAMES A. MOORE,
OSCAR H. BROWN, and ROBERT MECHAM,
Defendants.

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No. 3:15-cv-137

ORDER
THIS MATTER comes before the Court on the Plaintiff’s Motion for Default Judgment
against Defendant USHBB, Inc. (Doc. No. 14), and the Plaintiff’s Motion for Default Judgment
against Defendant James A. Moore (Doc. No. 15). The Court previously granted the Receiver’s
Motion to Strike USHBB’s purported Answer and granted default judgment against USHBB (Doc.
No. 16), ordering a hearing regarding (1) the damages award and (2) the Receiver’s Motion for
Default Judgment against Mr. Moore.
The Clerk of Court served both USHBB and Mr. Moore with notice of the hearing. On
December 2, 2015, the Court conducted the hearing, and both USHBB and Mr. Moore failed to
appear. The Court took evidence from the Plaintiff regarding the damages issue and is satisfied
that the Receiver’s request for damages is a conservative estimate of the damages caused by these
Defendants. The Court declines, however, to award punitive damages.

IT IS, THEREFORE, ORDERED that the Receiver’s Motion for Default Judgment
against Defendant James A. Moore is GRANTED.
It is further ORDERED that the Receiver shall have and recover of Defendant USHBB
$676,848.00 in Receivership Assets on the Receiver’s First Claim for Relief for fraudulent
transfer.
It is further ORDERED that Defendants USHBB and Moore are jointly and severally
liable to the Receiver for $13,222,800.93 in damages on the Receiver’s Fourth Claim for Relief
for unfair and deceptive trade practices, which consists of $4,406,600.31 in damages trebled
pursuant to N.C. Gen. Stat. §§ 75-1.1 and 75-16.
It is further ORDERED that post-judgment interest shall accrue on the entire Judgment at
the rate specified under 28 U.S.C. § 1961 from the date of entry of this Judgment until paid in full.

Signed: December 2, 2015

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