Specialty Tapes Manufacturing LLC v. Megatrux Inc et al

Filing 14

DECISION AND ORDER signed by Judge Lynn Adelman on 9/9/14 granting 9 Motion for Default Judgment. The clerk shall enter final judgment in favor of plaintiff and against defendants jointly and severally in the amount of $239.713.42, to include pre- and postjudgment interest. (cc: all counsel) (dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
SPECIALTY TAPES MANUFACTURING LLC,
Plaintiff,
v.

Case No. 14-cv-0508

MEGATRUX INC.,
and VALUE TRANSPORT OF ARIZONA LLC,
Defendant.
_____________________________________________________________________
DECISION AND ORDER
Plaintiff filed the present action pursuant to the Carmack Amendment, 49 U.S.C. §
14706, and related state law claims. Plaintiff alleges that it contracted with defendants to
transport a regenerative thermal oxidizer (“oxidizer”) from California to Wisconsin, and that
defendants failed to take due care and proper precautions while transporting the oxidizer
resulting in irreparable damage. Plaintiff has served both defendants with the summons
and complaint, but neither defendant has answered or otherwise defended. The clerk
entered default as to both defendants on June 6, 2014, and plaintiff has requested default
judgment in the amount of $239,713.42 jointly and severally against defendants and preand post- judgment interest on that amount. Plaintiff has submitted affidavits and other
materials showing that it is entitled to a default judgment in that amount. Pre-judgment
interest is available under the Carmack Amendment from the date of the loss. Am. Nat.
Fire Ins. Co. ex rel. Tabacalera Contreras Cigar Co. v. Yellow Freight Systems, Inc., 325
F.3d 924, 935 (7th Cir. 2003). Post-judgment interest is available in any federal civil case
from the date of the entry of judgment. 28 U.S.C. § 1961.

THEREFORE, IT IS ORDERED that plaintiff’s motion for default judgment (ECF No.
9) is GRANTED. The clerk shall enter final judgment in favor of plaintiff and against
defendants jointly and severally in the amount of $239.713.42, to include pre- and postjudgment interest.
Dated at Milwaukee, Wisconsin, this 9th day of September, 2014.
s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Court Judge