PharMerica Drug Systems, LLC v. Kepler Nursing and Rehabilitation Center, LLC

Filing 12

ORDER & JUDGMENT granting pltf's motion for default jdgmt 10 & JUDGMENT ENTERED in favor of pltf PharMerica & against deft Kepler, as follows: a. Damages of $53,269.49 for unpd invoices in amt of $53,269.49, & prejdgmt interest in am t of $10.22 for each day thereafter through date of this jdgmt; b. Damages of $24,103 for lost profits; c. Post-jdgmt interest accruing @ applicable rate pursuant to 28 USC 1961 from date of jdgmt through date of pymt; d. Attorney's fees in amt of $4,392.00; & e. Costs in amt of $597.46.; & directing Clrk of Ct to CLOSE case. (See order & jdgmt for complete details.)Signed by Chief Judge Christopher C. Conner on 8/2/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PHARMERICA DRUG SYSTEMS,
LLC D/B/A PHARMERICA,
SUCCESSOR BY MERGER TO
PHARMERICA DRUG SYSTEMS,
INC.,
Plaintiff
v.
KEPLER NURSING AND
REHABILITATION CENTER, LLC
D/B/A KEPLER CENTER FOR
NURSING AND REHABILITATION,
Defendant

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CIVIL ACTION NO. 1:18-CV-810
(Chief Judge Conner)

ORDER & JUDGMENT
AND NOW, this 2nd day of August, 2018, upon consideration of the
motion (Doc. 10) for default judgment by plaintiff Pharmerica Drug Systems, LLC
(“Pharmerica”), and it appearing that the summons and complaint were served
on defendant Kepler Nursing and Rehabilitation Center LLC (“Kepler”) on April
30, 2018, (see Doc. 7), but that, as of the date of this order, Kepler has not pled or
otherwise defended itself in this litigation, see FED. R. CIV. P. 12, nor has counsel
entered an appearance on behalf of Kepler, and further that, upon request (Doc. 8)
of Pharmerica, the Clerk of Court entered default (Doc. 9) against Kepler on May 29,
2018, see FED. R. CIV. P. 55(a), and the court concluding that, taking the facts of the
complaint (Doc. 1) as true, see Comdyne I, Inc. v. Corbin, 908 F.2d 1142, 1149 (3d
Cir. 1990), Pharmerica’s allegata are sufficient for purposes of default judgment to
establish that Kepler breached a contractual agreement between the parties by

failing to make payments due and owing to Pharmerica and improperly terminating
the parties’ contract, and further, with respect to the issue of damages, the court
noting that we may conduct hearings when needed “to . . . determine the amount of
damages,” FED. R. CIV. P. 55(b)(2), but that a hearing is unnecessary when evidence
of damages is unopposed and unambiguous, see Rhino Assocs. L.P. v. Berg Mfg. &
Sales Corp., 531 F. Supp. 2d 652, 657 (M.D. Pa. 2007), and the court observing that
Pharmerica seek damages for unremitted invoice payments of $53,269.49, plus
prejudgment interest through June 11, 2018 of $2,765.27 and per diem interest of
$10.22 per day thereafter through the date of entry of judgment; damages for lost
profits of $24,103.00; post-judgment interest at the applicable rate; attorneys’ fees
of $4,392.00; and costs of $597.46, (see Doc. 10-7), and supports its request with
the affidavit of its senior vice president and chief accounting officer, (Doc. 10-3),
an accounting of past due invoice payments and computation of lost profits, (Docs.
10-5, 10-6), and the affidavits of its counsel, (Docs. 10-1, 10-2), and the court thus
determining that entry of default judgment is appropriate, it is hereby ORDERED
that:
1.

Pharmerica’s motion (Doc. 10) for default judgment is GRANTED.

2.

Judgment is ENTERED in favor of Pharmerica and against Kepler as
follows:
a.

Damages of $53,269.49 for unpaid invoices in the amount of
$53,269.49, and prejudgment interest in the amount of $2,765.27
through June 11, 2018, and per diem interest in the amount of
$10.22 for each day thereafter through the date of this judgment;

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b.
c.

Post-judgment interest accruing at the applicable rate pursuant
to 28 U.S.C. § 1961 from the date of judgment through the date
of payment;

d.

Attorneys’ fees in the amount of $4,392.00; and

e.
3.

Damages of $24,103.00 for lost profits;

Costs in the amount of $597.46.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania