Worldwide Flight Services, Inc. v. ABC, Aerolineas, S.A. de C.V.

Background

Worldwide Flight Services, Inc. entered into three agreements with ABC, Aerolineas, S.A. de C.V., doing business as Interjet, on June 1, 2016, July 1, 2016, and September 1, 2018. Under those agreements, Worldwide Flight Services was to provide ground-handling services at Miami International Airport, Houston International Airport, and McCarran International Airport in Las Vegas, respectively, in exchange for specified rates.

Worldwide Flight Services alleged that it provided the contracted services. Beginning with invoices submitted in January 2020, however, ABC did not pay the invoiced amounts. Worldwide Flight Services terminated the agreements in June 2020 and brought this action on August 14, 2020, seeking $939,376.68 for breach of contract and related claims.

Default and Liability

ABC did not appear in the action. The Clerk of Court entered a certificate of default on November 25, 2020. The court then directed ABC to show cause why a default judgment should not be entered. Worldwide Flight Services’ counsel filed an affidavit stating that the relevant filings, including the order to show cause and proposed judgment, were personally served on ABC’s registered agent.

The court found that ABC defaulted by failing to answer the complaint, otherwise defend the action, or respond to the order to show cause. For the breach-of-contract claim, the court required allegations showing a contract, Worldwide Flight Services’ performance, ABC’s breach, and resulting damages. The court found that Worldwide Flight Services sufficiently alleged the existence of the three agreements, its performance, ABC’s failure to pay the invoiced amounts without using the agreements’ objection process, and resulting harm. The court therefore concluded that Worldwide Flight Services was entitled to judgment on its breach-of-contract claim.

Damages and Disposition

Worldwide Flight Services sought $939,376.68 in compensatory damages and did not seek interest, attorneys’ fees, or costs. Based on the submitted invoices, the court found that this amount represented the payment Worldwide Flight Services would have received if ABC had performed its contractual obligations.

Judge Analisa Torres granted the motion for default judgment and awarded Worldwide Flight Services $939,376.68 in damages. The Clerk of Court was directed to close the case.