Opinion
Civil Action No. 11-cv-2222 FSH-MAH
03-30-2012
DAYS INNS WORLDWIDE, INC., formerly known as Days Inns of America, Inc., a Delaware Corporation, Plaintiff, v. OPPORTUNITY OPTIONS, INC., an Indiana Corporation; and DAVID A. CARTER, an individual, Defendants.
CLYDE & CO US LLP
Attorney for Plaintiffs, Days Inns Worldwide, Inc., formerly known as Days Inns of America, Inc.
FINAL JUDGMENT BY DEFAULT
This matter having been opened to the Court by plaintiff, Days Inns Worldwide, Inc., formerly known as Days Inns of America, Inc. ("DIW"), by its attorneys, Clyde & Co US LLP, seeking the entry of final judgment by default against defendants, Opportunity Options, Inc. and David A. Carter (collectively, "Defendants"), pursuant to Fed. R. Civ. P. 55(b)(2); and it appearing that the Verified Complaint in this matter was filed on April 19, 2011, seeking damages as a result of the breach of a license agreement between DIW and Opportunity Options, Inc., and service of a copy of the Summons and Verified Complaint having been effectuated with respect to Defendants via certified and regular mail on July 29, 2011; and Defendants having failed to Answer or otherwise respond to the Verified Complaint; and it appearing that default was duly noted by the Clerk of the Court against Defendants on August 31, 2011 for their failure to plead or otherwise defend in this action; and the Court having reviewed the papers; and good cause having been shown:
IT IS on this 30th day of March, 2012,
ORDERED, ADJUDGED AND DECREED that DIW have judgment against Defendants, jointly and severally, in the total amount of $226,820.29 comprised of the following:
(a) $29,501.53 for Recurring Fees (principal plus prejudgment interest);
(b) $117,557.49 for actual damages and Satellite Addendum damages;
(c) $74,027.69 for prejudgment interest on actual damages; and
(d) $5,733.58 for attorneys' fees and costs; and it is further
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FAITH S. HOCHBERG , U.S.D.J