United States District Court, D. New Jersey
J. KELLEHER ARCHER & GREINER, PC On behalf of Plaintiff.
L. UNTERLACK EISENBERG, GOLD & AGRAWAL, P.C. On behalf of
Defendant Auto Trakk LLC.
L. HILLMAN, U.S.D.J.
appearances were entered on behalf of Defendant BAMA
Commercial Leasing LLC
before the Court is Plaintiff Automotive Rentals, Inc.'s
Motion for Default Judgment against Defendant BAMA Commercial
Leasing LLC (BAMA). For the reasons that follow, the Motion
for Default Judgment will be granted.
February 23, 2018 Amended Complaint pleads as follows.
Plaintiff entered into a Fleet Management Services Agreement
(the “Agreement”) with BAMA on November 13, 2015.
Under the Agreement, BAMA engaged Plaintiff to register and
maintain vehicle license plates with the appropriate tolling
authorities so that Plaintiff could pay the associated tolls,
which would then be passed through to BAMA for payment.
Plaintiff billed on a monthly basis for all amounts due. BAMA
agreed to pay and agreed to a late payment penalty in the
amount of up to 1.5% per month.
was notified of its default in payments due to Plaintiff.
Pursuant to invoices issued by Plaintiff, BAMA owes $355,
708.11, plus interest and attorneys' fees, after issuance
of a credit of $11, 722.09.
filed a complaint with this Court on May 31, 2017. The
complaint asserts five counts: (1) breach of contract, (2)
breach of the duty of good faith and fair dealing, (3) book
account, (4) unjust enrichment, and (5) quantum meruit.
was served on June 2, 2017, but BAMA has not entered an
appearance in this matter. Plaintiff filed a request for an
entry of default against BAMA on June 27, 2017, which was
entered by the Clerk of the Court on June 28, 2017. Plaintiff
filed its Motion for Default Judgment on August 11, 2017.
Court entered a February 9, 2018 Order to Show Cause, finding
Plaintiff's complaint did not properly plead the
citizenship of Defendants. Plaintiff subsequently filed a
February 23, 2018 Amended Complaint. This Amended Complaint
was filed after entry of default and the filing of the Motion
for Default Judgment, but prior to this Court rendering a
decision on the Motion for Default Judgment. The Court found
the Clerk's entry of default on the original complaint
was rendered moot since the Amended Complaint superseded the
Court entered a March 9, 2018 Order directing the Clerk of
the Court vacate the entry of default against BAMA. The Court
further ordered the Clerk of the Court to enter default on
the Amended Complaint against BAMA after the filing of the
March 9, 2018 Order. The Court ordered Plaintiff to refile its
Affidavit of Amount Due consistent with the damages
allegations. Plaintiff filed its amended Affidavit on March