WQ-Show Co., LTD v. Eaka Group Corp.

• Court: District Court, E.D. New York
• Decided: December 29, 2020
• Docket: 2:20-cv-01387
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------X For Online Publication Only WQ-SHOW CO., LTD, ORDER Plaintiff, 20-CV-1387 (JMA) (ST)

-against- FILED CLERK EAKA GROUP CORP., 12/29/2020 3:17 pm

U.S. DISTRICT COURT Defendant. EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------X LONG ISLAND OFFICE AZRACK, United States District Judge: Before the Court is the motion of plaintiff WQ-Show Co., Ltd. (“Plaintiff”) for default judgment against defendant Eaka Group Corp. (“Defendant”). For the reasons stated herein, Plaintiff’s motion is GRANTED. I. DISCUSSION A. Defendant Defaulted Defendant was properly served in the action, but has not answered, appeared in this action, or responded to the instant motion for default judgment, or otherwise defended this action. B. Liability When a defendant defaults, the Court is required to accept all the factual allegations in the complaint as true and draw all reasonable inferences in the plaintiff’s favor. Finkel v. Romanowicz, 577 F.3d 79, 84 (2d Cir. 2009). However, the Court also must determine whether the allegations in the complaint establish the defendant’s liability as a matter of law. Id. The Court finds that the allegations in the complaint are sufficient to establish Defendant’s liability. C. Damages “‘[W]hile a party’s default is deemed to constitute a concession of all well pleaded allegations of liability, it is not considered an admission of damages.’” Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182, 189 (2d Cir. 2015) (quoting Cement & Concrete Workers Dist. Council Welfare Fund v.

Metro Found. Contractors, Inc., 699 F.3d 230, 234 (2d Cir. 2012)). The Court must conduct an inquiry to “ascertain the amount of damages with reasonable certainty.” Credit Lyonnais Sec., Inc. v. Alcantara, 183 F.3d 151, 155 (2d Cir. 1999) (citing Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997)). The Court finds that Plaintiff has established $509,872.00 in damages. II. CONCLUSION The Clerk of Court is respectfully directed to enter judgment against Defendant for $509,872.00 in damages. Plaintiff is also directed to serve a copy of this Order on Defendant and file proof of service on ECF within seven (7) days. The Clerk of Court is directed to close this

case. SO ORDERED. Dated: December 29, 2020 Central Islip, New York

/s/ (JMA) _______ JOAN M. AZRACK UNITED STATES DISTRICT JUDGE