Opinion
Case No. 2:03CV00561 DB
December 8, 2003
JAMES M. ELEGANTE, ESQ., Kennecott Utah Copper Corporation, Magna, Utah, for Plaintiff
PROPOSED ORDER GRANTING DEFAULT JUDGMENT
This matter is before the Court on the motion of plaintiff, Kennecott Utah Copper Corporation, for the entry of judgment against defendant, ASARCO, Inc., by default. For the reasons set forth below, the Court grants Kennecott's motion and further awards costs as requested by Kennecott.
The record shows that the summons and complaint in this matter was served on defendant on July 7, 2003. Defendant was required to serve its answer by July 27, 2003. Fed.R.Civ.Proc. 12(a)(1)(A). The record shows that Defendant did not answer. Kennecott filed its motion for judgment by default on November 5, 2003, noting that, while defendant did not answer the complaint, defendant did in the interim pay to Kennecott the principal amount due on the delinquent account of $78,825.50. Kennecott also demonstrated to the Court that on September 16, 2003, by letter to defendant, Kennecott requested payment of the costs and fees which it had incurred in filing and prosecuting this action. Both the request of Kennecott for the costs and fees as well as the motion for judgment by default have, like the complaint, gone unanswered by defendant.
Kennecott has averred that the contract between Kennecott and defendant required that defendant pay Kennecott its costs and fees incurred in pursuing collection under the contract. Defendant has not contested the contract. The Court finds, based upon the affidavit of counsel filed concurrently with Kennecott's motion for judgment by default, that Kennecott has incurred $1,144.53 to file and prosecute this action, that the amount sought is reasonable, and that Kennecott is entitled to recover this amount from defendant.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT the motion of Kennecott be granted and that the Clerk of the Court enter Judgment in favor of Kennecott and against Defendant in the amount of $1,144.53.