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Contract: Other | Utah
Judgment - Default
DEFAULT JUDGMENT entered in favor of AK Capitol and against Casa Del Sol Spirits. Compensatory damages are awarded to the plaintiff in the amount of $604,947.91, plus interest accrued through 12/5/24, in the amount of $10,801.25; interest accrued from 12/6/24, through 12/3/25, in the amount of $209,991.51; and interest accruing at a rate of 35 percent per annum of the principal amount of $604,947.91 from 12/4/25, through the date of payment in full; attorney fees and costs are awarded in the amount of $29,207.95 - CASE CLOSED. Magistrate Judge Daphne A. Oberg no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 9/30/26. (alt)
Order on Motion for Sanctions
DOCKET TEXT ORDER. On September 24, 2025, the court granted 39 Nelson Snuffer Dahle & Poulsen's Motion to Withdraw as Counsel for Defendant Casa Del Sol Spirits Co. See Dkt. No. 40. The court then ordered Casa Del Sol to retain new counsel and have counsel file a notice of appearance within twenty-one days. The court warned that failure to comply with this order could result in sanctions under Federal Rule of Civil Procedure 16(f)(1), including but not limited to default judgment. See id. Despite adequate notice and multiple opportunities to comply with the court's orders, Case Del Sol has chosen not to respond to the order of the court order or file an appearance of counsel.On December 3, 2025, Plaintiff AK Capitol filed 43 Motion for Sanctions and Supporting Memorandum. Having reviewed the motion, 17 First Amended Complaint, and the docket—including, most notably, evidentiary materials AK Capitol filed in support of its motion—the court concludes that Casa Del Sol has defaulted; that, taking AK Capitol's factual allegations and the averments of its declarants as true, AK Capitol is entitled to judgment on its claims; and that default judgment is an appropriate sanction and remedy under Rule 16(f) and Rule 37(b)(2)(A)(vi). The court finds that no hearing is necessary because Casa Del Sol has failed to appear through counsel despite ample time to do so; because, crediting AK Capitol's factual allegations and the averments of its declarants, it is clear that AK Capitol is entitled to the damages it seeks, as well as attorney fees; and because Plaintiffs declarations and exhibits create a record sufficient for the court to determine that the amount of damages and attorney fees AK Capitol seeks is warranted. Finally, the court concludes that AK Capitol is entitled to a declaration that it holds a perfected security interest in certain collateral held by Casa Del Sol. For all of these reasons, 43 Motion for Sanctions and Supporting Memorandum is GRANTED. SO ORDERED. Signed by Howard C. Nielson, Jr. on 9/30/2026. No attached document. (alt)
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