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Beintoo, Inc. v. Ees Interactive, Inc.

United States District Court, N.D. Georgia, Atlanta Division

July 23, 2014

BEINTOO, INC., a New York Corporation, Plaintiff,
v.
EES INTERACTIVE, INC., a Georgia Corporation, Defendant.

OPINION AND ORDER

WILLIAM S. DUFFEY, Jr., District Judge.

This matter is before the Court on Plaintiff Beintoo, Inc.'s ("Bientoo") Motion for Entry of Judgment of Default for a Verified Sum Certain ("Motion for Entry") [5].

I. BACKGROUND

Plaintiff claims that Defendant failed to pay amounts due and owing for breach of an agreement in which Defendant EES Interactive, Inc. ("EES") agreed to pay Beintoo for placing advertising content on mobile devices for EES. EES was invoiced for the services provided but failed to pay any of the invoices tendered for the services Bietoo provided. Bientoo brought this action for the amounts invoiced to EES and which EES failed to pay. They also seek attorney's fees and costs. EES failed to answer the Complaint filed by Bientoo and has not otherwise participated in this litigation.

II. DISCUSSION

A. Legal Standard

Rule 55(b) of the Federal Rules of Civil Procedure governs the entry of default judgments:

(1) By the Clerk. If the plaintiff's claim is for a sum certain or a sum that can be made certain by computation, the clerk-on the plaintiff's request, with an affidavit showing the amount due-must enter judgment for that amount and costs against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to the court for a default judgment... If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with written notice of the application at least 7 days before the hearing. The court may conduct hearings or make referrals... when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by evidence; or
(D) investigate any other matter.

"The entry of a default judgment is committed to the discretion of the district court..." Hamm v. DeKalb Cnty. , 774 F.2d 1567, 1576 (11th Cir. 1985) (citing 10A Charles Alan Wright et al., Federal Practice and Procedure ยง 2685 (1983)). "In considering a motion for entry of default judgment, a court must investigate the legal sufficiency of the allegations of the ...


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