Sunteck Transport Company, LLC v. King's Express, Inc.

Background

Sunteck moved for default judgment against King’s Express, Inc. The summons and complaint were served on King’s through the Secretary of State on November 2, 2018. King’s did not appear, and the clerk entered King’s default. Sunteck served King’s with the entry of default, the motion, and the supporting papers.

The court found that Sunteck had shown it was entitled to judgment on Count 1, which alleged carrier liability under the Carmack Amendment, 49 U.S.C. § 14706. For purposes of the motion, Sunteck assumed that its breach-of-contract claim was preempted by the Carmack Amendment.

Damages, Fees, Costs, and Interest

The court stated that establishing liability through default did not eliminate Sunteck’s obligation to prove its actual damages with reasonable certainty. Based on the evidence, the court awarded $27,936.00 in damages, $3,646.50 in attorney’s fees, and $635.20 in costs. These amounts totaled $32,217.70.

Sunteck requested pre-judgment interest at 8% per year from May 7, 2018, and post-judgment interest at 10% per year. The court denied those requested rates. It instead granted pre-judgment interest at 4% per year from May 7, 2018, and post-judgment interest at 2.53% per year beginning when judgment was entered, calculated as described in 28 U.S.C. § 1961(b).

Disposition

Judge Eric C. Tostrud ordered that Sunteck’s motion for default judgment was GRANTED IN PART AND DENIED IN PART. The motion was denied insofar as it sought pre-judgment interest at 8% and post-judgment interest at 10%. It was granted in all other respects. King’s was ordered liable to Sunteck for $32,217.70, plus the pre-judgment interest amount to be calculated after Sunteck’s submission and the specified post-judgment interest. Sunteck was ordered to file its pre-judgment-interest calculation within seven days after judgment was entered.