Crosset Company, LLC v. The Corporation For Produce Delivery et al
Filing
13
OPINION AND ORDER granting 12 Motion for Default Judgment. The Court ENTERS Default Judgment against Defendants, and AWARDS Plaintiff $40,005.25, pre-judgment interest now liquidated at $6,396.13, attorney fees of $12,411.84 for a total of $58,813.22 plus post-judgment interest at the federal statutory rate pursuant to 28 U.S.C. Section 1961. Signed by Judge S Arthur Spiegel on 9/30/2011. (km1)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CROSSET COMPANY, LLC,
Plaintiff,
v.
THE CORPORATION FOR PRODUCE
DELIVERY d/b/a NATURE’s
GARDEN DELIVERED, et al.,
Defendants.
:
:
:
:
:
:
:
:
:
:
:
NO. 1:10-CV-00757
OPINION AND ORDER
This matter is before the Court on Plaintiff’s Motion for
Default Judgment (doc. 12), to which Defendants filed no response.
Plaintiff seeks relief against Defendants under Section
5(c) of the Perishable Agricultural Commodities Act, 7 U.S.C. §
499e(c)(“PACA”) in the principal amount of $40,005.25, pre-judgment
interest now liquidated at $6,396.13, attorney fees of $12,411.84
for a total of $58,813.22 plus post-judgment interest at the
federal statutory rate pursuant to 28 U.S.C. § 1961 (doc. 12).
Plaintiff contends Defendants are liable as statutory trustees
because they are credit purchasers of wholesale quantities of
produce who are required to hold all inventories of food or other
products derived from produce and all receivables or proceeds of
sale of produce in trust for the benefit of unpaid suppliers like
Plaintiff (Id.).
Plaintiff moves the Court for default judgment pursuant
to Fed. R. Civ. P. 55, contending it is so entitled because
Defendants were served process via publication and have failed to
appear, answer, respond or defend (Id.).
The Clerk entered the
Defendants’ default on August 1, 2001 (doc. 11).
Plaintiff’s
Complaint and the accompanying affidavits evidence its liquidated
damages that it is entitled to recover on its PACA claim, including
principal, interest, and attorney fees (doc. 1).
Having reviewed this matter, the Court finds Plaintiff’s
unopposed motion well-taken.
Inasmuch as the Clerk has entered an
entry of default, the posture of this case is such that the Court
can properly enter judgment against Defendants.
55(b)(2).
Fed. R. Civ. P.
Defendants are in default, they are not defending this
action, and entry of default judgment is appropriate.
Id.
There
is no need to set a hearing on damages, because Plaintiff’s
documents show liquidated damages in the amount of $58,813.22.
Accordingly, the Court GRANTS Plaintiff’s Motion for
Default
Judgment
(doc.
12),
ENTERS
Default
Judgment
against
Defendants, and AWARDS Plaintiff $40,005.25, pre-judgment interest
now liquidated at $6,396.13, attorney fees of $12,411.84 for a
total of $58,813.22 plus post-judgment interest at the federal
statutory rate pursuant to 28 U.S.C. § 1961.
SO ORDERED.
Dated: September 30, 2011
/s/ S. Arthur Spiegel
S. Arthur Spiegel
United States Senior District Judge
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?