Firestone Financial, LLC v. Globe Transport, Inc., et al.

Summary

The United States District Court for the Northern District of Ohio grants Firestone Financial, LLC’s motion for default judgment against Globe Transport, Inc. and Umar Bidzhiev. The Court finds liability for breach of contract and breach of guaranty, dismisses the replevin and detinue claims with prejudice, and awards actual damages of $165,957.62, with attorney’s fees and costs addressed in the opinion. The excerpted opinion discusses default-judgment standards, damages, prejudgment interest, and contractual fee recovery.

Holdings

1. Default judgment was warranted against Globe Transport because the admitted allegations and attached Agreement established a contract, Firestone's performance, Globe Transport's failure to make payments when due, and resulting loss.
2. Default judgment was warranted against Bidzhiev because the admitted allegations and authenticated guaranty established that he guaranteed Globe Transport's obligations, failed to pay after default, and caused Firestone's loss.
3. Firestone proved actual damages of $165,957.62, consisting of the unpaid principal, NF fees, late charges, accrued prejudgment interest, and the credit for the $7,000 equipment sale.
4. Firestone was entitled to $10,680.50 in reasonable attorney's fees and $941.20 in costs under the Agreement and Guaranty.
5. Firestone's replevin and detinue claims were dismissed with prejudice.

Questions Presented

1. Whether default judgment was warranted on Firestone's breach of contract claim against Globe Transport.
2. Whether default judgment was warranted on Firestone's breach of guaranty claim against Bidzhiev.
3. Whether Firestone proved its damages, attorney's fees, and costs with sufficient certainty.
4. Whether Firestone's replevin and detinue claims should be dismissed with prejudice.

Disposition

other