Copperwood Capital LLC v. Coventina Construction
2:19-cv-06566
E.D.N.YJan 4, 2021Background
- Plaintiff Copperwood Capital LLC sued Coventina Construction a/k/a Coventina Construction Corp.; Defendant was properly served but never appeared or answered.
- Plaintiff moved for default judgment after Defendant failed to defend or respond.
- The Court treats well-pleaded allegations in the complaint as true in light of Defendant's default.
- The Donahue affidavit and exhibits were submitted to support the amount of damages.
- The Court found the complaint sufficient to establish liability and awarded damages, pre-judgment interest, post-judgment interest, and costs.
- Clerk directed to enter judgment for $481,975.00 in damages, $61,915.64 in pre-judgment interest (9% annually, $118.84/day from Aug. 2, 2019 to the order date), post-judgment interest under 28 U.S.C. § 1961, and $683.00 in costs; Plaintiff must serve the Order and file proof within 7 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service and entry of default | Proper service; default judgment appropriate | No appearance or response | Default established; Court accepts allegations as true |
| Liability on pleaded claims | Complaint alleges facts sufficient to establish liability | No response | Allegations sufficient to establish liability as a matter of law (court applies default-rule standard) |
| Damages amount and certainty | Donahue affidavit and exhibits prove $481,975 damages and interest; calculates interest at 9% from Aug 2, 2019 ($118.84/day) | No response | Damages proved with reasonable certainty; court awards $481,975 and $61,915.64 pre-judgment interest per plaintiff's calculation |
| Post-judgment interest & costs | Requests post-judgment interest under §1961 and $683 costs | No response | Court awards post-judgment interest per statute and $683 in costs; directs service of Order and proof filing |
Key Cases Cited
- Finkel v. Romanowicz, 577 F.3d 79 (2d Cir. 2009) (default: accept factual allegations as true but must assess legal sufficiency)
- Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182 (2d Cir. 2015) (default does not constitute admission of damages)
- Cement & Concrete Workers Dist. Council Welfare Fund v. Metro Found. Contractors, Inc., 699 F.3d 230 (2d Cir. 2012) (same principle on damages and defaults)
- Credit Lyonnais Sec., Inc. v. Alcantara, 183 F.3d 151 (2d Cir. 1999) (court must ascertain damages with reasonable certainty)
- Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105 (2d Cir. 1997) (framework for damages inquiry after default)