Rutherlan Enterprises v. Zettler Hardware et al

Filing 60

ORDER granting 53 Motion for Default Judgment against Substruct. Signed by Judge Gregory L. Frost on 7/1/15. (kn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

RUTHERLAN ENTERPRISES,
Plaintiff,
Case No. 2:14-cv-0019
JUDGE GREGORY L. FROST
Magistrate Judge Elizabeth P. Deavers

v.

ZETTLER HARDWARE, et al.,
Defendants.

ORDER
Plaintiff seeks an order of default judgment against Defendant Substruct Systems, LLC
(“Substruct”). After Substruct failed to answer Plaintiff’s complaint or otherwise defend this
action, Plaintiff sought an entry of default (ECF No. 49), which the Clerk entered on February
17, 2015 (ECF No. 50).
Plaintiff filed a motion for default judgment on May 26, 2015. (ECF No. 53.) The Court
held an oral hearing on that motion on July 1, 2015 (“Hearing”). Plaintiff’s President, Terry
Caplan, and his counsel appeared at the hearing. Substruct did not appear or cause anyone to
appear on its behalf.
The Court memorializes the results of the Hearing as follows:
(1) The Court GRANTS Plaintiff’s motion for default judgment (ECF No. 53); and
(2) The Court ENTERS default judgment against Substruct in the amount of
$400,069.12. This award is comprised of $199,534.56 in compensatory damages,
$199,534.56 in punitive damages, and $1,000 in attorney’s fees.

The Clerk is DIRECTED to enter judgment accordingly and terminate Substruct on the
docket as a party to this action.
IT IS SO ORDERED.
/s/ Gregory L. Frost
GREGORY L. FROST
UNITED STATES DISTRICT JUDGE

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