Polishing & Finishing LLC v. Highpoint Construction & Design LLC

Filing 10

DEFAULT JUDGMENT ENTRY - As Defendant has failed to appear, plead, or otherwise defend in this action, good cause exists for Plaintiffs Motion and it is therefore GRANTED. The Court hereby awards Plaintiff the following relief: 1. Default Judgment in Plaintiff's favor in the amount of $117,759.00, plus $7,515.00 in attorneys' fees, and $533.53 costs, for a total of $125,807.53; 2. An award of interest, at a rate of 18% per annum, on $91,235.00 of the d efault judgment award under the Ohio Prompt Payment Act, beginning on March 26, 2023 and continuing through the date Defendant makes full payment to Plaintiff; 3. An award of prejudgment interest on the remaining $26,524, at a rate of 8% p er annum from March 26, 2023 to the date default judgment is entered by this Court; and 4. An award of post-judgment interest, at the rate mandated by 28 U.S.C. § 1961, from the date default judgment is entered by this Court to the date the jud gment is paid in full by Defendant. The Clerk is ORDERED to TERMINATE this case from the dockets of the United States District Court for the Southern District of Ohio, Western Division at Dayton. IT IS SO ORDERED. Signed by Judge Thomas M. Rose on 3/26/2024. (acw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
POLISHING & FINISHING LLC,
Plaintiff,
v.
HIGH POINT CONSTRUCTION &
DESIGN LLC,
Defendant.

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Case No.: 3:23-cv-225
Judge Thomas M. Rose
Magistrate Judge Peter B. Silvan, Jr.

DEFAULT JUDGMENT ENTRY
This matter is before the Court on Plaintiff Polishing & Finishing, LLC’s Motion for
Default Judgment Against Defendant High Point Construction & Design LLC (Doc. No. 9). As
Defendant has failed to appear, plead, or otherwise defend in this action, good cause exists for
Plaintiff’s Motion and it is therefore GRANTED. The Court hereby awards Plaintiff the following
relief:
1. Default Judgment in Plaintiff’s favor in the amount of $117,759.00, plus $7,515.00 in
attorneys’ fees, and $533.53 costs, for a total of $125,807.53;
2. An award of interest, at a rate of 18% per annum, on $91,235.00 of the default judgment
award under the Ohio Prompt Payment Act, beginning on March 26, 2023 and
continuing through the date Defendant makes full payment to Plaintiff;
3. An award of prejudgment interest on the remaining $26,524, at a rate of 8% per annum
from March 26, 2023 to the date default judgment is entered by this Court; and
4. An award of post-judgment interest, at the rate mandated by 28 U.S.C. § 1961, from
the date default judgment is entered by this Court to the date the judgment is paid in
full by Defendant.

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The Clerk is ORDERED to TERMINATE this case from the dockets of the United States
District Court for the Southern District of Ohio, Western Division at Dayton.
IT IS SO ORDERED.
March 26, 2024

/s/ Thomas M. Rose
Thomas M. Rose
United States District Judge

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