Kenneth Powell v. Tensik Industries, LLC and EFSA Holding Group, LLC

Summary

The United States District Court for the Middle District of Pennsylvania granted Kenneth Powell’s motion for default judgment against Tensik Industries, LLC and EFSA Holding Group, LLC. The court found that the defendants failed to defend the action after receiving notice and accepted the complaint’s well-pleaded factual allegations as true. Judgment was entered for $376,905, representing $376,500 paid for an undelivered concrete batching plant and a $405 filing fee; the court denied the requested attorney’s fees.

Holdings

1. Default judgment should be entered because Defendants failed to plead or otherwise defend, Powell would be prejudiced without judgment, Defendants had not presented a litigable defense, and their failure to respond was deliberate and willful.
2. Powell established entitlement to $376,500 in damages for payments made to Defendants for the undelivered plant.
3. Powell was entitled to recover the $405 filing fee but was not entitled to the requested $2,593.62 in attorney's fees because he identified no legal basis for the fees and submitted no supporting documentation or calculation.

Questions Presented

1. Whether default judgment should be entered against Defendants under Federal Rule of Civil Procedure 55.
2. Whether the record supported an award of $376,500 for payments made toward the undelivered concrete batching plant.
3. Whether Powell was entitled to recover the requested attorney's fees and filing costs.

Disposition

other