Opinion
Case No. 10-2066-JTM.
July 14, 2011
MEMORANDUM AND ORDER
This matter is before the court on the Motion for Entry of Final Default Judgment by defendant and third-party plaintiff Lansing Trade Group on its claims against third-party defendants Greenfield Products Canada, Inc., Glenn M. Vanderlinden, and Bonnie Vanderlinden. (Dkt. 102). The court has previously granted summary judgment in favor of Lansing on these claims (Dkt. 86), and entered a judgment in Lansing's favor. (Dkt. 97).
In its present motion, Lansing seeks a determination that judgment should be entered against the third-party defendants in the amount of $611,111.82 pursuant to Fed.R.Civ.Pr. 55(b). The thirdparty-defendants have filed no opposition to Lansing's motion.
Lansing has submitted detailed exhibits supporting its motions. See Int'l Painters Allied Trades Indus. Pension Fund v. R.W. Amrine Drywall., 239 F. Supp. 2d 26, 30 (D.D.C. 2002) (default judgment may be grounded on affidavit evidence). These exhibits establish with reasonable certainty that Lansing incurred (1) $121,460 in railcar and storage costs due the actions of the third-party defendants, (2) $270,000 in lost profits on Lansing's contract to re-sell biodiesel, (3) $134,205.76 in fees, expenses, and costs incurred by Lansing in this action, and (4) $85,446.06 in damages for the amount that Lansing paid to the third-party defendants with the understanding that the amount would be used to pay the plaintiff Maple Trade.
IT IS ACCORDINGLY ORDERED this 13th day of July, 2011, for good cause shown and pursuant to D.Kan.R. 7.4, that Lansing's Motion for Entry of Default Judgment is granted, and the clerk is directed to enter default judgment against the third-party defendants in the amount of $611,111.82.