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Century 21 Real Estate, LLC v. Quality VIP Realty

July 6, 2006

CENTURY 21 REAL ESTATE, LLC, PLAINTIFF
v.
QUALITY VIP REALTY, INC., AN ARKANSAS CORPORATION, JANIS BIGGERS AND RENAE BAKER DEFENDANTS



The opinion of the court was delivered by: Garnett Thomas Eisele United States District Court

ORDER GRANTING DEFAULT JUDGMENT TO CENTURY 21 AND RENAE BAKER

Before the Court are Motions for Entry of Default Judgment filed by Century 21 Real Estate, LLC ("Century 21") and by Renae Baker. Century 21 seeks a judgment by default against Defendant Janis Biggers and Quality VIP Realty, Inc. ("Realty"). Renae Baker, as Cross-claimant, seeks a judgment by default against Janis Biggers. For the reasons stated herein, the Court finds that both Century 21 and Renae Baker are entitled to the default judgments requested. Said judgments will be entered separately.

FACTUAL BACKGROUND

Century 21 filed this action on August 5, 2005. Summons was returned executed on Defendants Janis Biggers and Quality VIP Realty as of September 10, 2005. Renae Baker was served on October 3, 2005.

Ms. Baker filed an Answer and Cross- Complaint against Janis Biggers on October 14, 2005. Ms. Biggers was personally served with the Cross-Complaint on January 25, 2006.

To date, neither Janis Biggers nor Quality VIP Realty, Inc. have filed an Answer or otherwise responded to Century 21's Complaint. Nor has Janis Biggers responded in any fashion to the Cross-Complaint filed by Ms. Baker.

On November 4, 2005, this Court entered a Preliminary Injunction prohibiting the Defendants from holding themselves out as Century 21 agents or from otherwise using or displaying Century 21 trade names and service marks.

Subsequently, Century 21 moved for entry of default and default judgment on October 18, 2005. On November 7, 2005, a Clerk's entry of default was entered as to Quality VIP Realty, Inc. and Janis Biggers with respect to the Complaint filed by Century 21.

Century 21's Complaint seeks an award of damages against Ms. Baker and Ms. Biggers, jointly and severally. Accordingly, the Court found it appropriate to wait until Century 21's claims against Ms. Baker were resolved before taking up the default judgment issue against Ms. Baker's co-defendants.

On May 31, 2006, an Order was entered dismissing Century 21's Complaint as to Defendant Renae Baker only based on the fact that Century 21 and Renae Baker had reached a full compromise settlement. Pursuant to the settlement, Ms. Baker agreed to pay the sum of $16,250 in full settlement of the claims against her.

Also on May 31, 2006, Ms. Baker filed her Motion for Default Judgment seeking to recover from Ms. Biggers on her Cross-Claim. Ms. Baker seeks to recover from Ms. Biggers the sum of $16,250, the full amount Ms. Baker agreed to pay Century 21 to settle the claims against her. In addition, Ms. Baker seeks to recover her attorneys' fees in the sum of $1,168.00 and costs in the sum of $79.88.

A Clerk's Default was entered against Ms. Biggers on Ms. Baker's Cross-Claim on July 6, 2006.*fn1

DISCUSSION

(1) Century 21's Motion for ...


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