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Kinder Morgan Bulk Terminals, Inc v. Moroz Coal Supply

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


September 21, 2012

KINDER MORGAN BULK TERMINALS, INC., PLAINTIFF
v.
MOROZ COAL SUPPLY, LLC, DEFENDANT

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 21st day of September, 2012, upon consideration of plaintiff's motion for default judgment (Doc. 10) filed on August 31, 2012, and documents filed in support thereof (see Docs. 13, 14), and it appearing that defendant received service of process on November 2, 2011 (see Doc. 4), that defendant has not made an appearance in the above-captioned action, see FED. R. CIV. P. 55(b)(2) (providing for notice and a hearing on motion for default only if adverse party has made an appearance), that default (Doc. 6) has been entered against defendant for failure to plead or otherwise defend against the complaint, see FED. R. CIV. P. 55(a) (providing for entry of default by clerk), and it further appearing that plaintiff seeks recovery of $1,790,000.00 in contract damages, that plaintiff is also entitled to collect $107,400.00 in prejudgment interest*fn1 at the legal rate of 6% per annum*fn2 from August 31, 2011, to August 31, 2012, see FED. R. CIV. P. 55(b) (allowing court to enter judgment by default without hearing if claim is "for a sum which can by computation be made certain"), and that plaintiff's claim is supported by documents accompanying the motion, it is hereby ORDERED that:

1. Plaintiff's motion for default judgment (Doc. 10) is GRANTED.

2. Judgment is hereby ENTERED in favor of plaintiff and against defendant in the amount of $1,897,400.00, consisting of contract damages in the amount of $1,790,000.00, together with prejudgment interest in the amount of $107,400.00.

3. The Clerk of the Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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