Journey Group Companies v. Sioux Falls Construction, LLC et al

Filing 21

MEMORANDUM OPINION AND ORDER granting 17 Motion for Default Judgment and Permanent Injunction. Signed by U.S. District Judge Lawrence L. Piersol on 4/12/17. (SLW)

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION **************************************************** JOURNEY GROUP COMPANIES cEb/a SIOUX FALLS CONSTRUCTION, CIV 16-4125 a South Dakota Corporation, Plaintiff, -vs- * MEMORANDUM OPINION AND * ORDER GRANTING MOTION FOR * DEFAULT JUDGMENT AND a South Dakota Limited Liability Company, * PERMANENT INJUNCTION SIOUX FALLS CONSTRUCTION,LLC, and LORENA DE JESUS, aka LORENA * ZAMORA,aka LORENA FLEY, an individual, * * * Defendants. * * **************************************************** Plaintiff Journey Group Companies d/b/a Sioux Falls Construction has filed a Motion for Default Judgment and PermanentInjunction.(Doc. 17.) The Court has reviewed the accompanying pleadings,including the Affidavit ofSander J. Morehead,and the applicable law. For the following reasons, the motion will be granted. BACKGROUND The following undisputed facts are taken from PlaintiffSioux Falls Construction's Amended Complaint(doc. 12), and are assumed to be true for purposes of deciding this motion. See Taylor V. City ofBallwin, Mo.,859 F.2d 1330,1333 n.7(8th Cir. 1988) (upon entry ofdefault the defaulting defendant "is deemed to have admitted all well pleaded allegations in the complaint."). Plaintiff Sioux Falls Construction has offered quality construction services in South Dakota and the surrounding region for over a century. It has continuously used the service mark "Sioux Falls Construction"("the Mark")in advertising and otherwise promoting its construction services

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