United States District Court, S.D. Florida
BLOOM, UNITED STATES DISTRICT JUDGE
CAUSE is before the Court on Plaintiff's Motion
for Default Final Judgment, ECF No. 
(“Motion”), filed on November 1, 2019. The Court
has carefully reviewed the Motion, the record in this case,
and the applicable law, and is otherwise fully advised. For
the reasons that follow, Plaintiff's Motion is granted.
September 13, 2018, Plaintiff Three Boys, LLC
(“Plaintiff”) served a copy of the summons and
Complaint, ECF No. , on Defendants Grey Door Luxury Homes,
LLC (“Grey Door”), and Insyncrus Corp.
“Defendants”), ECF No. . On October 29, 2018,
Defendants filed their Answers and Affirmative Defenses, ECF
Nos.  &  (collectively, “Answers”).
September 9, 2019, Defendants' counsel filed two Motions
to Withdraw as Attorney. ECF Nos.  & . This Court
granted both Motions to Withdraw and ordered Defendants to
retain new counsel permitted to practice before this Court no
later than September 25, 2019. ECF No.  (“Order on
Motion to Withdraw”); see Palazzo v. Gulf Oil
Corp., 764 F.2d 1381, 1385 (11th Cir. 1985) (“[A]
corporation is an artificial entity that can act only through
agents, cannot appear pro se, and must be represented by
counsel.”). After failing to comply with the
Court's Order on Motion to Withdraw and retain new
counsel, on September 27, 2019, this Court ordered Defendants
to show cause for their failure to retain new counsel by
October 2, 2019. ECF No. . When Defendants further failed
to provide any notice indicating that they retained new
counsel, the Court ordered Defendants to show cause by
October 9, 2019, or face default. ECF No. .
Defendants again failed to timely respond or comply, the
Court issued an Order on Default Procedure, requiring
Plaintiff to submit a Motion for Entry of Clerk's
Default. ECF No. . Based on Defendants' failure to
comply with Court orders, the Court struck Defendants'
Answers, effective on October 10, 2019. ECF No. .
Plaintiff thereafter filed a Motion for Clerk's Entry of
Default, ECF No. , which the Clerk of Court entered the
same day, ECF No. . October 22, 2019, the Court entered
an Order on Default Judgment Procedure, indicating that
Default Final Judgment would be entered against Defendants if
they failed to move to set aside the Clerk's Default. ECF
No. . To date, Defendants have not moved to set aside the
Clerk's Default or filed any other paper in response to
this Court's orders.
defendant fails to plead or otherwise defend a complaint
filed against it, the Clerk of Court may enter a default
against that party. See Fed. R. Civ. P. 55(a). Once
a default is entered, a plaintiff may seek entry of a default
judgment against the defaulting defendant. See Fed.
R. Civ. P. 55(b). By defaulting, a defendant is taken to
admit the well-pleaded allegations of fact in a
plaintiff's complaint. Eagle Hosp. Physicians, LLC v.
SRG Consulting, Inc., 561 F.3d 1298, 1307 (11th Cir.
2009) (quoting Nishimatsu Const. Co., Ltd. v. Houston
Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)).
Although facts are admitted as true, conclusions of law are
not; a sufficient basis to state a claim must still exist in
the pleadings before a court may enter a default judgment.
Nishimatsu Const. Co., Ltd., 515 F.2d at 1206.
virtue of the Clerk's default and their failure to
respond to this Court's orders, Defendants are deemed to
have admitted the allegations in Plaintiff's Complaint.
Plaintiff has established liability against Defendants in the
following amounts based on (1) Grey Door's failure to
perform its obligations under its agreement with Plaintiff
for property development, and (2) Insyncrus's unjust
enrichment from Grey Door's illegitimate use of
Plaintiff's investment funds to finance Insyncrus's
separate operations, as described in the Complaint. Further,
Plaintiff has established its entitlement to an award of
attorney's fees pursuant to the terms of its contractual
agreement with Grey Door, attached to the Complaint. ECF No.
1. Plaintiff has established damages against Grey Door for
Grey Door's breach of contract in the amount of $500,
000.00, plus pre-judgment interest of $9, 410.41, for a total
of $509, 410.41, with continuing interest at the relevant
Florida statutory rate.
2. Plaintiff has established its entitlement to an award of
attorney's fees in the amount $37, 950.37, plus costs in
the amount $11, 892.09, for a total of $49, 842.46, against
Grey Door pursuant to the terms of their contractual
3. Plaintiff has established damages against Insyncrus for
Insyncrus's improper receipt and use of Plaintiff's
funds to finance its independent development project in the
amount of $80, 000.00, plus pre-judgment interest of $1,
532.92, for a total of $81, 532.92, with continuing interest
at the relevant Florida statutory rate.
it is ORDERED AND ADJUDGED as follows:
1. Plaintiff's Motion for Final Default Judgment Against
Defendants, ECF No. , is
2. Pursuant to Federal Rule of Civil Procedure 58, the Court
will separately enter Default Final Judgment.