Western Surety Company v. Ascent Construction Company Inc et al

Filing 21

ORDER granting 7 Motion for Default Judgment. Details set forth in Order. Signed by Honorable Patrick Michael Duffy on 12/28/2011.(alan, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
CASE NO.: 2:11-cv-02765-PMD

WESTERN SURETY COMPANY,
Plaintiff,
v.
ASCENT CONSTRUCTION
COMPANY, INC., CARMAN K.
DAVID, AND LEIGH M. DAVID,
Defendants.

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ORDER FOR DEFAULT
JUDGMENT

Now Comes the Court, upon Plaintiff Western Surety Company’s Motion for Entry of
Default and Default Judgment (the “Motion”) against Ascent Construction Company, Inc.,
Carman K. David and Leigh M. David (hereinafter, referred to collectively as the “Defendants”),
and based on the pleadings and affidavits submitted in support of the Motion, hereby makes the
following findings:
1.

On October 12, 2011, Plaintiff filed a Complaint in the U.S. District Court in the

District of South Carolina, Charleston Division.
2.

A Summons was duly issued and said Summons and Complaint were served on

the Defendants on October 18th, 2011.
3.

On October 21st, 2011, Plaintiff filed a Notice of Filing Affidavits of Service on

the Defendants.
4.

The Defendants failed to answer the Complaint or otherwise make an appearance,

individually or though counsel.

CHARLESTON\471491v1

5.

On November 29, 2011, Plaintiff filed the Motion, with the accompanying

Affidavit of Theodore Gryfinski, setting forth the exact losses incurred by Plaintiff.
6.

Plaintiff also attached the Affidavit of Robert Sumner, Plaintiff’s counsel, setting

forth the exact costs and attorney’s fees incurred in connection with this.
10.

Entry of default was properly entered against the Defendants on November 30,

2011.
It is, therefore,
ORDERED that Plaintiff have judgment against the Defendants as follows:
(a)

$310,314.55 as the damages set forth in the Complaint and Affidavit of Theodore
Gryfinski;

(b)

Plus reasonable attorney’s fees in the amount of $6,256.50, as shown in the
Affidavit of Robert Sumner;

(c)

Plus costs in the amount of $44.41.

AND IT IS SO ORDERED.

December 28 2011
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Charleston, South Carolina

CHARLESTON\471491v1

______________________________
The Honorable P. Michael Duffy
U.S. District Court
District of South Carolina

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