Case 5:13-cv-28160 Document 11 Filed 01/21/14 Page 1 of 2 PageID #: 96

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY DIVISION

JAMES RIVER EQUIPMENT, VIRGINIA, LLC,
Plaintiff,
v.

CIVIL ACTION NO. 5:13-cv-28160

JUSTICE ENERGY COMPANY, INC.,
Defendant.

ORDER
The Court has reviewed the Plaintiff, James River Equipment, Virginia, LLC’s Motion for
Default Judgment (Document 6), filed on December 19, 2013.1 The Court has also reviewed the
Clerk’s entry of Default (Document 8), filed on January 6, 2014. In the motion, the Plaintiff
states that it filed suit November 6, 2013, and effectuated service of process on November 7,
2013.2 (Document 6 at ¶¶ 1-2.) The Plaintiff maintains that as of December 19, 2013, the
Defendant has failed to appear, plead, or otherwise defend in this matter, and that further, counsel
for Plaintiff underwent a comprehensive search of the Clerk of Court’s records and failed to
uncover any appearance by or on behalf of the Defendant.3 (Id. at ¶¶ 3-5.)

1
The Plaintiff attached the following exhibits to their motion for default judgment: (1) Plaintiff’s Summons to
the Defendant in case number 5:13-cv-28160; (2) a United States Postal Service Certified Mail Receipt for mailing of
Summons; (3) the West Virginia Secretary of State’s Acknowledgement Form that service was accepted on behalf of
Defendant; (4) an affidavit of Darrel Printz, an authorized representative of the Plaintiff; and (5) the pertinent invoices
representing the balance of monies owed to Plaintiff by Defendant for work rendered.
2
It appears this action was brought to recover monies allegedly owed for parts, equipment, and services that
the Plaintiff provided the Defendant from April 10, 2013 through August 12, 2013. (See Complaint at ¶¶ 4-7)
(Document 1)
3
The Court notes that a review of the docket on January 21, 2014, at 11:47 A.M., uncovered no appearance,
pleading, or other indication of defense or action on behalf of the Defendant Justice Energy Company, Inc., in case
number 5:13-cv-28160.

 Case 5:13-cv-28160 Document 11 Filed 01/21/14 Page 2 of 2 PageID #: 97

With respect to the amount of judgment requested, the Plaintiff maintains that the
Defendant owes $148,496.14, plus costs associated with the prosecution of this action and interest
at the rate of one-point-five percent (1.5%) per month, which brings the total judgment amount
sought to the sum certain of $156,112.16. (Document 6 at ¶ 7.) Based upon a review of the
motion, case docket, and procedural posture of the case, the Court has determined that a hearing is
unnecessary under Federal Rule of Civil Procedure 55(b)(2)(A).
In accordance with Federal Rule of Civil Procedure 55(b)(2), the Court ORDERS that
default judgment be entered against the Defendant Justice Energy Company, Inc., in the amount of
$156,112.16.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and to any
unrepresented party.
ENTER: January 21, 2014