Schlumberger Water Services, USA, Inc., vs Alta Drilling International LLC, No. 3:2013cv00414 - Document 22 (D. Nev. 2014)

Court Description: DEFAULT JUDGMENT in favor of Schlumberger Water Services, USA, Inc. against Alta Drilling International LLC. for: $269,936.68 in actual damages; $600.00 costs of court; $9,913.71 in attorney's fees and costs; $48,588.60 for 18% contractual penalty; and post-judgment interest at highest rate permitted by law, applied to all amounts awarded herein and beginning to accrue on the date of entry of final judgment. Signed by Judge Miranda M. Du on 2/20/14. (Copies have been distributed pursuant to the NEF - JC)
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Schlumberger Water Services, USA, Inc., vs Alta Drilling International LLC Doc. 22 Case 3:13-cv-00414-MMD-VPC Document 21 Filed 01/29/14 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AARON GUERRERO, ESQ. (Admitted Pro Hac Vice) Texas Bar No. 24050698 SNOW SPENCE GREEN, LLP 2929 Allen Parkway, Ste. 4100 Houston, Texas 77019 Telephone: 713-335-4838 Fax: 713-355-4848 AaronGuerrero@snowspencelaw.com JOHN F. MURTHA, ESQ. Nevada Bar No. 835 WOODBURN AND WEDGE Sierra Plaza 6100 Neil Road, Ste. 500 P.O. Box 2311 Reno,Nevada 89505 Telephone: 775-688-3000 Fax: 775-688-3088 jmurtha@woodburnandwedge.com Attorneys for Plaintiff SCHLUMBERGER WATER SERVICES USA, INC. 16 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA RENO DIVISION 17 18 19 SCHLUMBERGER WATER SERVICES USA, INC., 20 21 22 23 24 25 26 27 Plaintiffs, v. ALTA DRILLING INTERNATIONAL LLC, Defendants. § § § § § § § § § § Civil Action No. 3:13-cv-0414 DEFAULT JUDGMENT -------------§ Before the Court is the Second Motion for Default Judgment filed by Plaintiff, Schlumberger Water Services USA, Inc. ("Schlumberger"). Defendant, Alta Drilling 28 Dockets.Justia.com Case 3:13-cv-00414-MMD-VPC Document 21 Filed 01/29/14 Page 2 of 3 1 2 International LLC ("Defendant") was served with the summons and Complaint (Doc. No.1), and the return of service has been on file for more than ten days. Defendant 3 4 has wholly failed to answer or appear in this case. 5 In its Complaint, Schlumberger alleges that it contracted with the Defendant 6 whereby Schlumberger would furnish equipment and materials to Defendant and to 7 8 perform services to be used in connection with Defendant's oil and gas operations. Schlumberger performed all of its obligations under the contracts with Defendant and 9 10 the Defendant accepted the equipment, materials, labor and services without 11 rejection and became bound to pay Schlumberger the agreed upon and designated 12 charges. Defendant failed and wrongfully refused to pay the amount due under the 13 invoices for the equipment and materials furnished and labor and services performed 14 by Schlumberger. The total amount due and owing from Defendant to Schlumberger 15 is $269,936.68. Schlumberger alleges that Defendant has committed, inter alia, (1) 16 17 breach of contract; and (2) quantum meruit. 18 This Court having found the allegations in the Complaint sufficient to support 19 Schlumberger's claims for breach of contract and quantum meruit, concludes that 20 Schlumberger is entitled to the relief requested in its pleadings. Accordingly, it is 21 hereby: 22 23 ORDERED that Schlumberger's Motion for Default JUdgment is GRANTED 24 and final default judgment is entered in favor of Schlumberger against Defendant for 25 the following amounts: 26 27 28 (a) $269,936.68 in actual damages; (b) $600.00 costs of court; 2 Case 3:13-cv-00414-MMD-VPC Document 21 Filed 01/29/14 Page 3 of 3 1 2 (c) $ 9,913.71 3 (e) $48,588.60 for the 18% contractual penalty for failing to timely pay the Invoices; and (f) Post-judgment interest at the highest rate permitted by law, applied to all amounts awarded herein and beginning to accrue on the date of entry of final jUdgment. 4 5 6 7 8 in attorney's fees and costs; THIS IS A FINAL JUDGMENT. February 20th DATED this __ day of Febraury , 2014 9 10 11 District Court Judge 12 13 Submitted by: 14 John F. Murtha, Esq. WOODBURN AND WEDGE 6100 Neil Road, Suite 500 Reno, Nevada 89511 15 16 17 18 Attorneys for Plaintiff Schlumberger Water Services USA, Inc. 19 20 21 22 23 24 25 26 27 28 3