Norman W Fries Inc v. Nichols Companies of South Carolina Inc

Filing 14

ORDER granting 12 Motion for Default Judgment. Signed by the Honorable R Bryan Harwell on 8/8/2014. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
NORMAN W. FRIES, INC. D/B/A
CLAXTON POULTRY FARMS,
Plaintiff,
v.
NICHOLS COMPANIES OF SOUTH
CAROLINA, INC.,
Defendant.

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CIVIL ACTION FILE NO.
14-CV-02646-RBH

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT
On June 30, 2014, Plaintiff Norman W. Fries, Inc. d/b/a Claxton Poultry Farms
(“Plaintiff”) filed its Complaint on Account (Doc. No. 1) against Nichols Companies of South
Carolina, Inc. (“Defendant”). Default was entered against Defendant on August 5, 2014. On
August 6, 2014, Plaintiff filed its Motion for Default Judgment (the “Motion”) and submitted the
Affidavit of Greg Finch in Support of Motion for Default Judgment (the “Affidavit”) in support
of the Motion.
The Court finds there is no need for an evidentiary hearing and that a decision is properly
reached on the basis of the uncontested pleadings and affidavit submitted. See Fed. R. Civ. P.
55(b)(2)(“The Court may conduct hearings . . . when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting; (B) determine the amount of damages; (c) establish the truth of any
allegation by evidence; or (D) investigate any other matter.”); Anderson v. Foundation for
Advancement, Educ. and Employment of American Indians, 155 F.3d 500, 507 (4th Cir. 1998)
(“We do, of course, recognize that in some circumstances a district court entering a default
judgment may award damages ascertainable from the pleadings without holding a hearing.”);

JTH Tax, Inc. v. Smith, 2006 WL 1982762 at *2 (E.D. Va. 2006) (“If the defendant does not
contest the amount pleaded in the complaint and the claim is for a sum that is certain or easily
computable, the judgment can be entered for that amount without further hearing.”)
The Court has reviewed the Plaintiff’s submissions, and has determined that they provide
a reasonable basis upon which to rest an award of damages that is easily computable. The
affidavit of Greg Finch, the Chief Financial Officer of the plaintiff, is attached to the Motion for
Default Judgment now before the Court (ECF No. 12-1). In this affidavit (dated August 6, 2014)
Mr. Finch states that Plaintiff’s total damages are $445,671.25, consisting of $413,233.99 in
principal, $32,037.26 in interest, $400 in costs, as of August 5, 2014.
The Complaint alleges, among other things, the following:
6. On or about March 13, 2012, Plaintiff and Defendant commenced a business
relationship in which the Defendant would purchase poultry and other food
products from Plaintiff, as evidenced by a certain Application for Credit (the
“Application”) completed by Defendant and returned to Plaintiff. A true and
correct copy of the Application is attached hereto as Exhibit “1.”
7. In 2012, Plaintiff began shipping poultry to Defendant and, under the terms of
the Application, extended credit to Defendant in exchange for Defendant’s
agreement to pay for each purchase according to the terms in effect at the time as
shown on Plaintiff’s invoices. Defendant paid Plaintiff’s invoices as they came due
until September of 2013.
8. At all times relevant to this matter, Plaintiff performed all conditions, covenants
and promises under the Application and according to the agreement of the parties that
it was obligated to perform, except for those which it was excused and/or prevented
from performing.
9. Despite Plaintiff’s performance and Defendant’s obligation to pay for its purchases
from Plaintiff, Defendant failed to fully pay seventeen of Plaintiff’s invoices between
September 3, 2013 and September 27, 2013 (the “Invoices”).
10. As of June 27, 2014, the total amount owed on the Invoices, exclusive of
attorney’s fees, was $441,496.86 (the “Debt”), which consists of $413,233.99 in
principal (based upon the sales price of the goods sold) and $28,272.87 in accrued
interest at the rate of 8.75% per annum.
(ECF No. 1)

Based upon Defendant’s default and the representations of Plaintiff contained in the
Motion and supporting Affidavit, Plaintiff is entitled to entry of a default judgment against

Defendant. Accordingly, it is hereby
ORDERED, ADJUDGED, AND DECREED that Plaintiff’s Motion is hereby
GRANTED; and it is
FURTHER ORDERED AND ADJUDGED that the Clerk is directed to enter judgment
in favor of Plaintiff and against Defendant in the following amounts:
Principal Account Balance:

$413,233.99

Interest:

$32,037.26

Costs:

$400.00

Total:

$445,671.25

Said judgment shall bear post-judgment interest on the Principal Account Balance at the
rate set forth in 28 U.S.C. § 1961.
SO ORDERED, this 8th day of August, 2014.
Florence, SC

s/R. Bryan Harwell_________________
R. BRYAN HARWELL
UNITED STATES DISTRICT JUDGE
DISTRICT OF SOUTH CAROLINA