WINGATE INNS INTERNATIONAL, INC. v. VANDUR INN, INC. et al, No. 2:2012cv04622 - Document 13 (D.N.J. 2012)
Court Description: FINAL JUDGMENT BY DEFAULT as to Vandur Inn, Inc. entered in favor of Wingate Inns International, Inc. against Vandur Inn, Inc. in the total amount of $375,654.00, includes interest, attorneys' fees & costs; that this action shall remain stayed as to Pltf's claims against defts. Robert Durham & Peggy Durham until such time as the automatic stay is lifted, etc., re 12 Motion for Default Judgment. Signed by Judge Jose L. Linares on 10/11/12. (dc, )
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WINGATE INNS INTERNATIONAL, INC. v. VANDUR INN, INC. et al Doc. 13 Cas 2:12-cv-04622-JLL-MAH Document 12-3 Filed 09/20/12 Page 1 of 2 PagelD: 235 DAY PITNEY LLP ONE JEFFERSON ROAD, PARSIPPANY, NJ 07054-2891 (973) 966-6300 pmarinodaypitneycom Attorneys for Plaintiff Wingate Inns International, Inc. UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY WINGATE INNS INTERNATIONAL, INC., a Delaware Corporation, : HONORABLE JOSE L. LINARES Civil Action No. 12-04622 (JLLXMAH) Plaintiff, V. VANDUR INN, INC., an Idaho Corporation; ROBERT DURHAM, an individual; and PEGGY DURHAM, an individual, Defendants. FINAL JUDGMENT BY DEFAULT AS TO VANDUR INN, INC. (Document Filed Electronically) This matter having been opened to the Court by plaintiff, Wingate Inns Interna tional, Inc., (“WIT”), by its attorneys, Day Pitney LLP, seeking the entry of final judgm ent by default against defendant Vandur Inn, Inc. (“Vandur”), pursuant to Fed. R. Civ. P. 55(b)(2 ); and it appearing that the Complaint in this matter was filed on July 24, 2012, seeking damages as a result of the breach of a franchise agreement between Wil and Vandur, and breach of a promis sory note; and service of a copy of the Summons and Complaint having been effectuated with respec t to Vandur by personally serving Vandur’s registered agent in Twin Falls, Idaho on August 10, 2012; and it appearing that default was duly noted by the Clerk of the Court against Vandur on August 28, 2012 for its failure to plead or otherwise defend in this action; and defendants Robert Durham and Peggy Durham 84383960.1 Dockets.Justia.com Ca 2:12-cv..04622-JLL-MAH Document 123 Filed 09/20/12 Page 2 of 2 PagelD: 236 having filed a petition for bankruptcy in the United States Bankruptcy Court for the District of Idaho on August 28, 2012; and the Court having stayed the action only as to Robert Durham and Peggy Durham; and the Court having reviewed the papers; and good cause having been shown; +(Y’ CQiC IT IS on this ark flT &Jj day of , 2012, ORDERED, ADJUDGED, AND DECREED that WI! have final judgment against Vandur Inn, Inc. in the total amount of $375,654.00, comprised of the following: a) $88,548.36 for Recurring Fees (principal plus prejudgment interest); b) $279,174.96 for amounts outstanding on a promissory note (principal plus prejudgment interest); and c) $7,930.68 for attorneys’ fees and costs; and it is further ORDERED, ADJUDGED AND DECREED, that this action shall remain stayed with respect to WIT’s claims against defendants Robert Durham and Peggy Durham until such time as the automatic stay pursuant to 11 U.S.C. § 362(a) is lifted; and it is further ORDERED, ADJUDGED AND DECREED, that because there is no just reason for delay of this Order, pursuant to Fed. R. Civ. P. 54(b), this Order constitutes a final judgment entered against defendant Vandur Inn, Inc.; and it is further ORDERED, ADJUDGED AND DECREED, that beyond the date of this Order, post-judgment interest with respect to the total amount of this Judgment will continue to accrue at the rate allowed by law until the Judgment is paid in full. HOJQSE L. LINARES, U.S.D.J. -2 B4383960. 1 -
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