KBA North America Inc. v. Amerigraph, LLC et al

Filing 85

DEFAULT JUDGMENT: 81 Plaintiff's Application for Default Judgement and 82 Motion for Award of Attorney's Fees and Expenses are GRANTED. Signed by District Judge J. Garvan Murtha on 4/6/2017. (kak)

UNITED STATES DISTRICT COURT

FOR THE

DISTRICT OF VERMONT

KBA NORTH AMERICA INC.,

Plaintiff

v.

File No.1 :07 -cv-00118 wjgm

AMERIGRAPH, LLC
and DIRK C. GRIZZLE,
Defendants
DEFAULT JUDGMENT
On January 31,2017, plaintiff KBA North America Inc. filed a Motion for
Entry of Default as to Amerigraph, LLC and an Application for Default Judgment
and Motion for Award of Attorneys' Fees and Expenses. (Docs. 81,82.) Notice of
each filing was sent to the last known address of Amerigraph, LLC. (Docs. 81-1,
82-1.) The Clerk entered default against Amerigraph, LLC on February 21,2017.
(Doc. 83.)
Having considered the Plaintiff's Application for Default Judgment and
Motion for Award of Attorneys' Fees and Expenses, it is hereby ORDERED as
follows:
1.

Plaintiff's Application for Default Judgment is GRANTED.

2.

Judgment is awarded for Plaintiff against Defendant Amerigraph, LLC

in the amount of $18,131,839.70 ($7,122,144.40 (liquidated damages as of August
1,2008) plus $11,009,695.30 ($3,473.09 per diem for each day after August 1,
2008)).

3.

Plaintiff's Motion for Award of Attorneys' Fees and Expenses is

GRANTED. Plaintiff is awarded attorneys' fees and expenses (excluding taxable
costs) in the amount of $113,982.71.
4.

The Clerk shall consider Plaintiff's Bill of Costs in the amount of

$590.00 (Doc. 82-2) and supplemental document (Doc. 84-2) and tax costs as
appropriate.
5.

Post-judgment interest is awarded at the parties' contractual rate of

24 percent per annum.
SO ORDERED.
Dated at Brattleboro, in the District of Vermont, this 6th day of April, 2017.

/s/ J. Garvan Murtha
J. Garvan Murtha
United States District Judge