People's United Equipment Finance Corp. v. A.J.'s Truck Service, Inc. et al

Filing 10

DEFAULT JUDGMENT entered against All Defendants in total amount $367,191.71, plus attorneys fees, post judgment and prejudgment interest and taxable court cost. GRANTING 9 MOTION for Default Judgment against All Defendants. Case terminated on 2/16/17. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
PEOPLE’S UNITED EQUIPMENT
FINANCE CORPORATION,
Plaintiff,
V.
A.J.’S TRUCK SERVICE, INC., BELLA
TRUCK SERVICE, INC., JAY TRUCKS
SERVICE, INC., and ALBERT JUDE
PHILLIP, JR.,
Defendants.

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February 16, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-16-3507

DEFAULT JUDGMENT
Defendants, A.J.’S TRUCK SERVICE, INC., BELLA TRUCK SERVICE, INC., JAY
TRUCKS SERVICE, INC., and ALBERT JUDE PHILLIP, JR. have been served but have failed to
appear as Rule 12 of the Federal Rules of Civil Procedure require.
Plaintiff, People’s United Equipment Finance Corp., has filed affidavits and exhibits in
support of its claims for actual damages, prejudgment and postjudgment rates, and court costs, and
has sent defendants notice of the motion for default judgment. Further notice to the defendants and
further hearings are not necessary. Rule 55(b)(2), Fed. R. Civ. P.
People’s United Equipment Finance Corp. has established its entitlement to entry of default
and default judgment against the defendants, A.J.’S TRUCK SERVICE, INC., BELLA TRUCK
SERVICE, INC., JAY TRUCKS SERVICE, INC., and ALBERT JUDE PHILLIP, JR., joint and
severally, as follows:
1.

Actual damages in the amount of $367,191.71;

2.

Prejudgment interest at the contractual default rate of eighteen percent (18%) per
annum from and after November 2, 2016, until entry of judgment;

3.

Postjudgment interest thereon at the contractual interest rate of eighteen (18%) as
provided by law from the entry of judgment until paid; and

4.

Taxable costs of court.
SIGNED on February 16, 2017, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge

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