Opinion
2:21-cv-08331-BRM-MF
09-23-2021
WINGATE INNS INTERNATIONAL, INC., a Delaware Corporation, Plaintiff, v. MILAN HOSPITALITY, LLC, a Missouri Limited Liability Company; and MIHIR PATEL, an individual, Defendants.
Connell Foley LLP One Newark Center Attorneys for Plaintiff, Wingate Inns International, Inc.
Connell Foley LLP
One Newark Center
Attorneys for Plaintiff, Wingate Inns International, Inc.
FINAL JUDGMENT BY DEFAULT
HON. BRIAN R. MARTINOTTI, U.S.D.J.
This matter having been opened to the Court by plaintiff, Wingate Inns International, Inc. (“WII”), by its attorneys, Connell Foley LLP, seeking the entry of final judgment by default against defendants Milan Hospitality, LLC and Mihir Patel (collectively, “Defendants”), pursuant to Fed.R.Civ.P. 55(b)(2); and it appearing that the Complaint in this matter was filed on April 6, 2021, seeking damages as a result of the breach of a franchise agreement between WII and Defendants; and service of the Summons and Complaint having been effectuated with respect to Milan Hospitality, LLC, by personal service in Blue Springs, Missouri on May 9, 2021, and Mihir Patel, by personal service in Blue Springs, Missouri on May 9, 2021; and Defendants having failed to Answer or otherwise respond to the Complaint; and it appearing that default was duly noted by the Clerk of the Court against Defendants on July 21, 2021 for their failure to plead or otherwise defend in this action; and the Court having reviewed the papers; and Defendants having not filed an opposition to the motion, and good cause having been shown why judgment should be entered:
IT IS on this 23rd day of September 2021, ORDERED, ADJUDGED, AND DECREED that WII have judgment against Defendants, jointly and severally, in the total amount of $415, 289.23, comprised of the following:
a) $15, 824.35 for Recurring Fees (principal plus prejudgment interest).
b) $248, 111.76 for the unamortized, outstanding principal balance of the Development Incentive Note (principal plus prejudgment interest).
c) $151, 353.12 for Liquidated Damages (principal plus prejudgment interest).