United States District Court, W.D. Louisiana, Lafayette Division
For Seven Point Marine Services L L C, Plaintiff: John Lewis Robert, III, LEAD ATTORNEY, Preis (LAF), Lafayette, LA.
Clean Earth Salvage Inc, in personam, Defendant, Pro se, Morgan City, LA.
C. MICHAEL HILL, UNITED STATES MAGISTRATE JUDGE. JUDGE DOHERTY.
REPORT AND RECOMMENDATION ON MOTION DEFAULT JUDGMENT
C. MICHAEL HILL, UNITED
STATES MAGISTRATE JUDGE.
Pending before the undersigned for report and recommendation is the Motion for Default Judgment filed by plaintiff, Seven Point Marine Services, LLC (" Seven Point"), on October 23, 2014 [rec. doc. 7]. No opposition has been filed, and the deadline for filing opposition has expired.
For the following reasons, it is recommended that the motion be GRANTED.
On July 24, 2013, Clean Earth procured Seven Point's services to tow a barge from mile 46 of the Intracoastal Waterway to Coastal Tank Cleaners in Morgan City, Louisiana. Between July 24 and 25, 2013, Seven Point towed the barge to its destination. By invoice dated July 26, 2013, Seven Point charged Clean Earth $8, 140.00 for these services, [rec. doc. 7, Exhibit A].
After Clean Point failed to pay the invoice, Seven Point sent a demand letter dated December 6, 2013, through its counsel, Preis & Roy. [rec. doc. 7, Exhibit B]. On January 23, 2014, Seven Point's counsel sent a second demand letter to Clean Earth. By letter dated April 8, 2014, Seven Point sent a letter stating that if it did not receive a signed Settlement Agreement or payment from Clean Salvage by April 11, 2014, then Seven Point would file a lawsuit.
On June 13, 2014, Seven Point filed an action in this Court asserting an admiralty and maritime claim against Clean Earth, [rec. doc. 1]. By letter dated September 17, 2014, Seven Point's counsel stated that if Clean Earth did not file an answer or other responsive pleading soon, it would seek a default judgment, [rec. doc. 7, Exhibit F]. On October 23, 2014, Seven Point filed the instant Motion for Default Judgment. [rec. doc. 7].
Law and Analysis
Rule 55 of the Federal Rules of Civil Procedure provides as follows:
(a) Entering a Default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or ...