Cascade Integrated Services LLC v. Orion Construction Services Corp

Filing 9

ORDER granting 8 Plaintiff Cascade Integrated Services, LLC's Motion for Default Judgment and Brief in Support, ordering that default judgment be entered against Orion, forthwith, and assessing damages in the amount of $85,347.80. Interest shall accrue at the rate permitted by 28 U.S.C. § 1961. A separate judgment will issue (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 5/5/2015. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
CASCADE INTEGRATED SERVICES, LLC,
a Nevada Limited Liability Company,
Plaintiff,
v.
ORION CONSTRUCTION SERVICES CORP.,
an Oklahoma corporation,
Defendant.

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Case No. CIV-15-158-M

ORDER
On February 13, 2015, defendant Orion Construction Services Corp. (“Orion”) was
served. See Return of Service [docket no. 3]. The time for Orion to answer or otherwise plead or
move expired on March 3, 2015. See Fed. R. Civ. P. 12(a)(1)(A). Orion has filed no entry of
appearance, answer, request for extension of time, or any other motion. On April 8, 2015,
plaintiff filed a Motion for Default Judgment and Brief in Support [docket no. 8].
Based upon the above, the Court finds Orion is in default. If a court determines that a
defendant is in default, the factual allegations of the complaint, except those relating to the
amount of damages, will be taken as true. 10A Charles Alan Wright, Arthur R. Miller & Mary
Kay Kane, Federal Practice and Procedure § 2688, at 58-59 (3d ed. 1998). The Court, taking the
factual allegations of plaintiff’s Complaint as true, finds that plaintiff is entitled to judgment on
its claims.
Plaintiff’s Complaint alleges breach of contract, unjust enrichment, promissory estoppel,
and damages in the amount of $85,347.80, against Orion. In assessing the appropriate amount of
damages, the Court has carefully reviewed the uncontested allegations and the circumstances
surrounding Orion’s actions. The Court concludes that damages in the amount of $85,347.80 are

appropriate. It also appears that an award of costs and attorney fees, in accordance with Federal
Rule of Civil Procedure 54(d)(2) and Local Civil Rule 54.1, are appropriate. Plaintiff is granted
leave to file a properly supported motion for attorney fees and costs in accordance with the
Court’s local rules.
Accordingly, the Court GRANTS Plaintiff Cascade Integrated Services, LLC’s Motion
for Default Judgment and Brief in Support [docket no. 8], ORDERS that default judgment be
entered against Orion, forthwith, and ASSESS damages in the amount of $85,347.80. Interest
shall accrue at the rate permitted by 28 U.S.C. § 1961. A separate judgment will issue.
IT IS SO ORDERED this 5th day of May, 2015.

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