The effect of the entry of a default is that all of the factual allegations in the Complaint are taken as true, save for the amount of unspecified damages. Thus, if liability is well-pled in the complaint, it is established by the entry of a default. Buchanan v. Bowman, 820 F.2d 359, 361 (11th Cir. 1987). A court may enter a default judgment only if the factual allegations of the complaint, which are assumed to be true, provide a sufficient legal basis for entry of a default judgment. Nishimatsu Constr. Co. v. Houston Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975) ("The defendant is not held to admit facts that are not well-pleaded or to admit conclusions of law.").
A.A. Metals, Inc., 2013 WL 12207503, at *1.
(i) money damages in the amount of $459,912.96; (ii) interest at a rate of 10% per year from November 26, 2016 until the date that payment is made; (iii) attorneys' fees in the amount of $58,146.30 plus 10% interest from March 15, 2018 until the date that payment is made; and (iv) administrative fees and expenses in the amount of $16,380.00 plus 10% interest from March 15, 2018 until the date that payment is made.
Id. at 3-4; see also Docs. 1-3 at 12-14 (the Final Award); 20-1. The total amount of the Final Award before interest was $534,439.26. Docs. 1 at 4; 21 at 1. Respondent failed to satisfy the Final Award and has not moved to modify or vacate the Final Award. Doc. 1 at 4. Thus, Petitioner filed this Petition pursuant to the New York Convention, seeking confirmation and enforcement of the Final Award, alleging that no grounds exist for the Court to refuse or defer recognition of the Final Award and that, pursuant to 9 U.S.C. § 207, asserting that Petitioner is entitled to have the Final Award confirmed by this Court. Id. at 4-5.
Recommended in Orlando, Florida on September 17, 2018.
Already registered ?