Opinion
Civil Case No. 06-cv-02013-REB-MEH.
January 28, 2008
ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT
The matter before me is plaintiff's Motion for Entry of Default Judgment and Discharge of Order To Show Cause [#17], filed January 24, 2008. I grant the motion for default judgment.
That portion of the motion seeking to discharge the magistrate judge's Order To Show Cause [#16], filed January 14, 2008, is now moot. ( See Minute Order [#20], filed January 28, 2008.)
I have jurisdiction over this case pursuant to 28 U.S.C. § 1332 (diversity of citizenship). Plaintiff duly served the corporate defendant, System 3, in accordance with Fed.R.Civ.P. 4(h)(1), and the individual defendant, Jeff Steinberg, as required by Fed.R.Civ.P. 4(e)(1). ( See Dkt. #10 #11, filed March 16, 2007.) Defendants have failed to answer or otherwise respond within the time permitted by law, and thus have admitted the factual allegations of the complaint other than those relating to damages. See FED.R.CIV.P. 8(d); see also Burlington Northern Railroad Co. v. Huddleston , 94 F.3d 1413, 1415 (10th Cir. 1996). Entry of default pursuant to Fed.R.Civ.P. 55(a) was made by the clerk on April 19, 2007 [#14]. Plaintiff is entitled to default judgment against these defendants under Fed.R.Civ.P. 55(b).
Plaintiff sues for amounts recoverable on work orders executed pursuant to a Master Services Agreement between itself and System 3. The agreement provides that the amounts invoiced bear interest at the rate of 1.5 percent per month if not paid within 45 days of the date services were rendered. Plaintiff provided $172,280.00 worth of services to System 3, as reflected in the invoices attached to its motion. Interest due on this liquidated amount through April 25, 2007, totals an additional $129,069.67. The amount of plaintiff's damages and interest is fully supported by the evidence it has submitted. The complaint alleges further that defendant Steinberg is the alter ego of System 3. Accordingly, defendant Steinberg is liable also for damages on the agreement. See Harding v. Lucero , 721 P.2d 695, 698 (Colo.App. 1986). Thus, I find and conclude that plaintiff is entitled to the damages set forth in its motion for default judgment.
THEREFORE, IT IS ORDERED as follows:
1. That plaintiff's Motion for Entry of Default Judgment and Discharge of Order To Show Cause [#17], filed January 24, 2008, is GRANTED insofar as it seeks entry of default judgment against defendants;
2. That default judgment in the amount of $301,349.67 SHALL ENTER for plaintiff, Jet Technology Solutions, LLC, against defendants, Jeff Steinberg and System, jointly and severally, on plaintiff's cause of action for damages under the Master Service Agreement between plaintiff and System 3;
3. That pursuant to 28 U.S.C. § 1961(a), plaintiff is AWARDED post-judgment interest on the principal amount of the judgment from the date of entry of judgment until the judgment is paid in full; and
4. That the plaintiff is AWARDED its costs to be taxed by the Clerk of the Court pursuant to Fed.R.Civ.P. 54(d)(1) and D.C.COLO.LCivR. 54.1.