JTH Tax, Inc. v. Grabert
||JTH Tax, Inc.
||January 28, 2013
||US District Court for the Eastern District of Virginia
||Virginia Beach City
||Mark S. Davis
||Tommy E. Miller
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332 Diversity-Breach of Contract
|Jury Demanded By:
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|March 26, 2014
AMENDED OPINION AND ORDER (Nunc pro tunc December 30, 2013): The instant "Amended Opinion and Order" replaces the Opinion and Order entered in this case on December 30, 2013, ECF No. 15. The final relief ordered with respect to contractual damages and attorney's fees remains unchanged from the relief ordered in the Court's prior Opinion and Order. The Judgment entered on December 31, 2013, ECF No. 16, remains in full effect. (See Order and Footnotes for Specifics). re 15 OPINION AND ORDER. Copy mailed to Pro se Defendant Grabert and copy provided to counsel for Liberty as directed on 3/26/2014. Signed by District Judge Mark S. Davis and filed on 3/26/2014. (bgra)
|December 30, 2013
OPINION and ORDER: Liberty's Motion for Default Judgment is GRANTED, in part, and the Court WITHOLDS ruling, in part, until an evidentiary hearing isconducted. The Court GRANTS Liberty's motion for entry of default judgment on its defamati on claim as to liability. Accordingly, default Judgment is ENTERED in favor of Liberty in the following amounts: (1) $170,814.77, the aggregate outstanding balance owed by Defendant on the four promissory notes; and (2) $1,600.00 in attorne y's fees associated with Liberty enforcing such promissory notes. As to the propriety of entering a permanent injunction based on Defendant's breach of the franchise agreements, and as to the damages for defamation, the Court GRANTS Liberty 's request for a hearing on such issues and WITHHOLDS ruling at this time as to such matters. Liberty's counsel is DIRECTED to contact the undersigned judge's calendar clerk to schedule a hearing. Furthermore, once a hearing date is se lected, Liberty is INSTRUCTED to: (1) file on the public record in this case a "Notice" of such hearing;and (2) consistent with its obligation as to all filings, mail a copy of such "Notice" to Defendant Grabert. (Signed by District Judge Mark S. Davis on 12/30/2013). (Copy mailed to pro se Defendant Grabert on 12/31/2013)(bgra, )
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