Retail Service Systems, Inc. v. Carolina Bedding Direct, LLC et al

Filing 117

ORDER OF DEFAULT AND PERMANENT INJUNCTION. Signed by Judge George C Smith on 2/24/15. (lvw1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Retail Service Systems, Inc.,
Plaintiff,

:

Carolina Bedding Direct, LLC, et al.,
Defendants.

Civil Action 2:13-cv-00994

:

v.

:

Judge Smith

:

Magistrate Judge Abel

:

ORDER
This matter is before the Court on plaintiff Retail Service System’s, Inc.’s January
20, 2015 motion for default judgment against Carolina Bedding Direct ,LLC (doc. 114).
Pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, plaintiff Retail Service
Systems, Inc. (“RSS”) is entitled to a default judgment against defendant Carolina
Bedding Direct, LLC (“Carolina Bedding (NC)”), in an amount to be determined at a
damages hearing. Defendant has not filed a responsive pleading or otherwise appeared
in this matter, and Defendant’s time both to file an answer pursuant to Fed. R. Civ. P.
12(a)(1)(A)(i) and to retain new counsel in this matter pursuant to this Court’s order
(ECF No. 107) has expired. Accordingly, RSS applied to the Clerk of Court for entry of
default against Carolina Bedding (NC), and the Clerk entered that default on December
5, 2014. (See ECF Nos. 111-112).

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Accordingly, the Motion of Plaintiff Retail Service Systems, Inc. for Default
Judgment Against Defendant Carolina Bedding Direct, LLC (doc. 114) is hereby
GRANTED, and a Default Judgment against Defendant Carolina Bedding is to be
ENTERED.
Further, the Court GRANTS a permanent injunction enjoining Carolina Bedding
(NC) from the use of RSS’s trade secrets and proprietary materials.
IT IS SO ORDERED.

s/ George C. Smith
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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