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)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
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JOURNEY GROUP COMPANIES cEb/a
SIOUX FALLS CONSTRUCTION,

CIV 16-4125

a South Dakota Corporation,
Plaintiff,
-vs-

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MEMORANDUM OPINION AND

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ORDER GRANTING MOTION FOR

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DEFAULT JUDGMENT AND

a South Dakota Limited Liability Company, *

PERMANENT INJUNCTION

SIOUX FALLS CONSTRUCTION,LLC,
and LORENA DE JESUS, aka LORENA

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ZAMORA,aka LORENA FLEY,
an individual,

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Defendants.

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*

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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