United States District Court, N.D. Georgia, Atlanta Division
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, as subrogee of Redwood Logistics, LLC, Plaintiff,
ASF INTERMODAL, LLC, Defendant.
OPINION AND ORDER
WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE
matter is before the Court on Plaintiff Travelers Property
Casualty Company of America's (“Plaintiff”)
Motion for Entry of Default Judgment .
provided property cargo coverage for its insured, Redwood
Logistics, LLC (“Redwood”). (Compl.  ¶
7). Redwood acted as a broker for Rexam, a cargo shipper.
(Id.). Redwood arranged transportation with
Defendant ASF Intermodal, LLC (“Defendant”) to
ship food-grade aluminum can tops (the “Cargo”)
from Alabama to Georgia. (Compl. ¶ 8). On April 30,
2015, while the Cargo was in a trailer parked in
Defendant's shipping yard in Conley, Georgia, the trailer
was struck by another of Defendant's trucks, resulting in
the Cargo becoming environmentally contaminated. (Compl.
made a claim with Plaintiff under its property cargo policy.
Plaintiff paid Redwood $95, 114.79 for the claimed damages,
and Redwood incurred a $10, 000 deductible. (Compl. ¶
11). A portion of the Cargo was able to be sold to a
secondary buyer for $17, 384.17. (Id.). The balance
including Redwood's deductible and the applied credit for
the sale to the secondary buyer is $87, 730.62.
(Id.). By making its payment to Redwood, Plaintiff
became subrogated to the rights of Redwood to pursue
Defendant for the damages to the Cargo. (Compl. ¶ 12).
August 9, 2016, Plaintiff filed its Complaint, alleging a
cause of action under 49 U.S.C. § 14706, et
seq. (the “Carmack Amendment”). Plaintiff
seeks $87, 730.62 in damages, plus costs.
November 29, 2016, Defendant was served with a copy of the
Summons and Complaint. To date, Defendant has not filed any
February 10, 2017, Plaintiff filed its Motion for Entry of
Default Judgment. Plaintiff seeks $87, 730.62 in damages, $3,
137.40 in attorneys' fees, and $400 in court costs. To
support its claim for damages, Plaintiff includes, among
other documents, (1) the affidavit of Megan Muth, its claim
profession who investigated the incident, (2) a letter from
Rexam supporting that a breach of load integrity-as alleged
here-is grounds to reject the load and declare it
contaminated; (3) Rexam's transportation agreement; (4)
Redwood's carrier contract and rate confirmation; (5)
Rexam's claim form stating that the Cargo was
“scrapped” due to risk of contamination; (6) a
letter from Defendant to Rexam declining to pay Rexam's
request for payment, stating that the “cargo packaging
was not damaged or compromised in any way.” ([6.2]).
Plaintiff supports its attorneys' fees request with a
detailed account of its billing. ([6.3]).
55(b) of the Federal Rules of Civil Procedure provides that
default judgment may be entered against defaulting defendants
(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 ...