Davis Memorial Goodwill Industries v. Garada

Filing 24

JUDGMENT AND PERMANENT INJUNCTION ORDER that the Magistrate Judge's 23 Proposed Findings of Fact and Recommendations are ADOPTED ; pltf's 18 Motion for Default Judgment is GRANTED ; Judgment is entered, pursuant to Ru le 55(b)(2), FRCP, against Alaa Garada, a/k/a Alan Garada, in the amount of $349,976.73, comprising $201,290.00 for unpaid amounts due under the parties' contract and $148,686.73 for costs incurred in removing excess salvage goods due to deft's breach of contract; The preliminary injunction in this matter is CONVERTED to a PERMANENT INJUNCTION authorizing pltf (1) to remove any unauthorized Goodwill-branded donation bins that deft has placed in breach of the parties' contract, (2) to remove the Goodwill branding from those bins, and (3) to make the bins available for deft to retrieve (see Order for details). Signed by District Judge T. S. Ellis, III on 06/13/17. (pmil, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division DAVIS MEMORIAL GOODWILL ) INDUSTRIES, d/b/a GOODWILL OF ) GREATER WASHINGTON, PlaintifT, ) ) Case No. l;17-cv-347 ) ) ALAA GARADA, a/k/a ALAN GARADA, Defendant. ) ) ^ JUDGMENT AND PERMANENT INJUNCTION ORDER This breach of contract action is before the Court on plaintiff's motion for default judgment (Doc. 18). On March 24, 2017, plaintiff. Goodwill of Greater Washington, sued defendant, Alaa Garada, a/k/a Alan Garada, for breach of a contract that permitted defendant to place and service Goodwdll-branded donation bins in the Washington, D.C. metropolitan area. After filing this action. Plaintiff obtained a preliminary injunction requiring defendant to disclose to plaintiff, in writing, the location of each Goodwill-branded donation bin that defendant has placed without the authorization required by the parties' contract. See Davis Mem 7 Goodwill Indus, v. Garada, No. l:17-cv-347 (E.D. Va. April. 17, 2017) (Prelimmary Injunction Order). The preliminary injunction fiirther authorized plaintiff to seize those bins, remove any Goodwill branding from them, and promptly return the bins to defendant. Id. Defendant, however, did not file an answer to the complaint, oppose the preliminary injunction motion, or otherwise respond or appear in this action. As a result, on April 27, 2017, plaintiff requested an entry of default against defendant pursuant to Rule 55(a), Fed. R. Civ. P. Thereafter, on April 28, 2017, the Clerk issued an entry of default (Doc. 16) and on May 12, 1

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