Franklin Construction Group, LLC v. William Shore, JWSC, LLC, Keither Meadows, Joseph Heath, and HYDS Inc.

Summary

The document is a Report and Recommendation addressing Franklin Construction Group, LLC’s motion for default judgment against William Shore and JWSC, LLC under Federal Rule of Civil Procedure 55(b). The magistrate judge recommends granting the motion after finding that the defendants were properly served, failed to respond, and were in default. The recommendation proposes a joint and several judgment of $24,892,407.57, reflecting treble damages under 18 U.S.C. § 1964(c).

Holdings

1. The magistrate judge recommended granting Plaintiff's motion for default judgment because Shore and JWSC were properly served, failed to respond or defend, and had defaults entered by the Clerk; after dismissal of the other defendants, no concern remained about inconsistent judgments against nondefaulting defendants.
2. The magistrate judge recommended a joint and several monetary judgment of $24,892,407.57 because the damages were sufficiently apparent and calculable from the complaint and supporting declaration, and the amount reflected treble damages under 18 U.S.C. § 1964(c).

Questions Presented

1. Whether default judgment should be entered against Shore and JWSC after the Clerk entered default and the claims against the other defendants were dismissed.
2. Whether the alleged damages were sufficiently apparent and calculable to support entry of a monetary default judgment.
3. Whether Shore and JWSC should be held jointly and severally liable for the causes of action alleged in the complaint.

Disposition

other