Opinion
Civil Action No. 11-cv-4963 (SDW)(MCA)
02-15-2012
SUPER 8 WORLDWIDE, INC, formerly known as SUPER 8 MOTELS, INC, a South Dakota Corporation, Plaintiff, v. J-CON, INC, a Missouri Corporation; CARL GAGE, an individual; and CONNIE GAGE, an individual, Defendants.
CLYDE & CO US LLP 200 Campus Drive Attorneys for Plaintiff, Super 8 Worldwide, Inc., f/k/a Super 8 Motels, Inc.
CLYDE & CO US LLP
200 Campus Drive
Attorneys for Plaintiff, Super 8 Worldwide, Inc., f/k/a Super 8 Motels, Inc.
FINAL JUDGMENT BY DEFAULT AS
TO DEFENDANTS J-CON, INC. AND
CONNIE GAGE ONLY
This matter having been opened to the Court by plaintiff, Super 8 Worldwide, Inc., formerly known as Super 8 Motels, Inc. ("SWI"), by its attorneys, Clyde & Co US LLP, seeking the entry of final judgment by default against defendants, J-Con, Inc. and Connie Gage only (collectively, "Defendants"), pursuant to Fed. R. Civ. P. 55(b)(2); and it appearing that the Complaint in this matter was filed on August 26, 2011, seeking damages as a result of the breach of a franchise agreement and guaranty between SWI and Defendants, and service of a copy of the Summons and Complaint having been effectuated with respect to Defendants by serving them via certified and regular mail on November 7, 2011; and it appearing that default was duly noted by the Clerk of the Court against Defendants on December 7, 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 15th day of February, 2012,
ORDERED, ADJUDGED, AND(DECREED that SWI have judgment against Defendants, jointly and severally, in the total amount of $164,889.71, comprised of the following:
a) $23,257.60 for Recurring Fees (principal plus prejudgment interest); and
b) $85,000.00 for liquidated damages and Satellite Addendum liquidated damages;
c) $51,184.32 for pre-judgment interest on liquidated damages; and
d)$5,447.79 for attorneys' fees and costs.
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SUSAN D. WIGENTON , U.S.D.J.