Precision Franchising LLC v. District Heights CCS LLC et al

Filing 17

ORDER- The Court adopts the Report in all substantial respects and plaintiff's Motion for Default Judgment [Dkt. No. 8] is GRANTED, and it is hereby ORDERED that a default judgment in the total amount of $318,325.33 be and is entered jointly and severally against DHCCS and Alewine for breach of contract. Signed by District Judge Leonie M. Brinkema on 9/25/2018. (see Order for further details) (dest, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

PRECISION FRANCHISING,LLC,
Plaintiff,

l:18-cv-582(LMB/TCB)

V.

DISTRICT HEIGHTS CCS LLC,et al..
Defendants.

ORDER

Before the Court is a Report and Recommendation ("Report")issued by a magistrate
judge on August 29,2018 [Dkt. No. 16], which recommended that Precision Franchising LLC's
("PFL" or "plaintiff') Motion for Default Judgment [Dkt. No.8] be granted and that plaintiff be

awarded $318,325.33 in damagesjointly and severally against defendants District Heights CCS
LLC("DHCCS")and Sean Alewine("Alewine")(collectively "defendants"). S^ Report at 14.
The parties were advised that any objections to the Report had to be filed within 14 days and that

failure to file a timely objection waived the right to appeal the substance of the Report and any
judgment based upon the Report. As of September 25,2018, no party has filed an objection.
The Court has reviewed the Report, plaintiffs Motion for Default Judgment, and the case file
and adopts the Report in all substantial respects.
In a two-count complaint, plaintiff alleged that defendants breached the Franchise

Agreement by 1)ceasing operation ofthe Precision Tune automotive service center(the
"Center")and selling it to a competing auto repair business without obtaining PFL's prior written
consent or affording it its right offirst refusal and 2)by failing to make required marketing