ANGI Energy Systems, LLC v. Groetken, Joshua

Filing 19

OPINION and ORDER granting 6 Motion for Default Judgment. The clerk of court is directed to enter a default judgment in the total amount of $100,028.84 against defendant Joshua J. Groetken and close this case. Signed by District Judge William M. Conley on 2/10/2016. (kwf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ANGI ENERGY SYSTEMS, LLC,
OPINION AND ORDER
FOR DEFAULT JUDGMENT

Plaintiff,
v.

15-cv-530-wmc
JOSHUA J. GROETKEN,
Defendant.

On November 9, 2015, the clerk of court entered default against defendant Joshua J.
Groetken pursuant to Federal Rule of Civil Procedure 55(a). (Dkt. #8.) Before the court
now is plaintiff ANGI Energy Systems, LLC’s motion for default judgment, which fully
documented its damages. (Dkt. #6.) A hearing on this motion was set for February, 10,
2016, at 8:30 a.m., at which defendant again failed to appear.

Accordingly, this order will

grant a default judgment consistent with its proof.
OPINION
Plaintiff ANGI Energy Systems, LLC alleges that defendant Joshua Groetken, its
former employee, created fraudulent invoices that he transmitted to customers and then had
those customers remit payment directly to him in a “Spark Play” account. (Compl. (dkt. #1)
¶ 1.) ANGI asserted claims for conversion and civil theft, breach of duty of loyalty and
tortious interference with a contract. (Id. at pp. 4-6.) Groetken failed to answer or otherwise
respond to ANGI’s complaint, and the court entered default on November 9, 2015. (Dkt.
#8.) Because default was entered against defendant, the court accepts as true all of the
factual allegations in the complaint, except those relating to damages. In re Catt, 368 F.3d
789, 793 (7th Cir. 2004).
Having now had an opportunity to conduct discovery, ANGI seeks a default judgment
of $100,028.84. In support of its request, ANGI submitted an affidavit from Susan Ross, the

Chief Legal Officer - Americas and Associate General Counsel for Gilbarco, Inc., in which she
sets forth the basis for that request.1 In particular, Ross relied on records kept by Capital
One, N.A., the owner and operator of the Spark Pay service Groetken used to divert funds
from ANGI. (Ross Aff. (dkt. #18) ¶ 9; id., Exs. A, B (dkt. ##18-1, 18-2).)
As Ross explains, the amount sought only includes transactions identified by Capital
One as “completed.” (Id. at ¶ 11.) Ross also reviewed email messages from Groetken’s email
account that correlates with the information provided by Capital One. (Id. at ¶ 13; id., Exs.
C-1 to C-7 (dkt. ##18-3 to 18-9).)

After review of Ross’s declaration and supporting

materials, and as a result of Groetken’s failure to appear or dispute any of these transactions,
the court is satisfied that plaintiff has proven it is entitled to damages in the amount
requested.

ORDER
IT IS ORDERED that plaintiff’s motion for default judgment (dkt. #8) is GRANTED
and the clerk of court is directed to enter a default judgment in the total amount of
$100,028.84 against defendant Joshua J. Groetken and close this case.
Entered this 10th day of February, 2016.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

1

In support of its motion, ANGI also submitted a declaration of non-military service. (Dkt.
#17.)

2