Nucor Corporation v. Uniqco, LLC
OPINION AND ORDER granting 16 Motion for Default Judgment. Signed by Honorable Cameron McGowan Currie on 12/16/2013.(cbru, )
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
C.A. No. 3:13-cv-2149-CMC
OPINION AND ORDER
ON MOTION FOR DAMAGES
AND ENTRY OF JUDGMENT
This matter is before the court on motion for default judgment filed by Plaintiff Nucor
Corporation (“Nucor”). Dkt. No. 16. This motion is granted and damages awarded in the amount
Judgment shall be entered in this amount on Nucor’s first cause of action for breach of
contract as set forth in the first amended complaint. Dkt. No. 6. As full recovery is provided under
the first cause of action, Nucor shall take nothing on the second, alternative cause of action for
quantum meruit, which is dismissed with prejudice.
Liability has been established by default of Defendant, Uniqco, LLC (“Uniqco”). See Dkt.
No. 12 (Clerk of Court’s entry of default entered September 19, 2013).
In light of entry of default, the only issue remaining for resolution is the amount of damages
to be awarded. Nucor seeks to resolve this issue through the present motion, which seeks an award
of damages and entry of judgment in the amount of $1,075,469. 79. The motion is supported by
Affidavit of the Controller for Nucor Building Systems-South Carolina, a division of Nucor
Corporation (“Nucor’s Controller”). Nucor’s Controller avers that Nucor entered four distinct
contracts with Uniqco, each of which required Uniqco to pay for materials, state sales tax, and
freight, as well as interest in the event of late or non-payment. Nucor’s Controller further avers that,
despite Nucor’s full performance, Uniqco has made only partial payments on three of the contracts
and paid nothing on amounts due under a fourth, leaving a total balance due, including interest, on
all four contracts of $1,075,469.79.
Despite service of the motion for judgment on Uniqco, and passage of the time allowed for
responding to a motion, Uniqco has failed to appear or present any opposition to Nucor’s motion for
judgment.1 Nucor’s averments as to the amounts due are, therefore, unopposed.
Findings and Award of Damages
Based on the written submissions and lacking any opposition, the court makes the following
findings of fact and reaches the following conclusions of law.
Defendant Uniqco is in default and has, by virtue of its default, admitted all factual
allegations in the amended complaint. By failing to respond to the present motion,
Defendant has also admitted all factual matters supported by the affidavit filed in support of
By failing to respond to the present motion, Uniqco admits that it owes the following
amounts for materials, tax and freight (as well as interest) under the four contracts at issue
in this action: (a) Wagner Contract $18,326.10 (plus $12,370.12 in interest); (b) Chatham
Steel Contract $38,272.10 (plus $16,648.36 in interest); (c) Jacksonville MRF Contract
The motion was filed on November 14, 2013, and personally served on November 19,
2013, together with an order from this court. Dkt. Nos. 16, 17. The order informed the parties that
the court would resolve the motion applying a summary judgment standard, and that Uniqco would
be allowed eighteen days from service to respond (allowing Uniqco the benefit of the additional time
allowed for service by mail). Uniqco’s response was, therefore, due no later than December 9, 2013.
$701,277.94 (plus $252,050.18 in interest); and (d) CWE Jacksonville Contract $27,462.40
(plus $9,062,59 in interest).
The court, therefore, finds that Nucor is entitled to an award of damages, inclusive of interest
through the date of judgment, in the amount of $1,075,469.79, under the four contracts
WHEREFORE, the court directs entry of judgment against Defendant Uniqco in the amount
of $1,075,469.79, This amount is awarded under the first cause of action and shall draw interest at
the statutory rate. The second cause of action is dismissed with prejudice.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
Senior United States District Judge
Columbia, South Carolina
December 16, 2013
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