UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-22871-BLOOM/Louis

ECAPITAL CORP.,

Plaintiff,

v.

THE GLOBAL LOGISTICS

SOLUTIONS GROUP, LLC,

Defendant.

________________________________/

ORDER GRANTING MOTION FOR FINAL DEFAULT JUDGMENT

THIS CAUSE is before the Court upon Plaintiff ECAPITAL CORP.’s Motion for Default 

Final Judgment, ECF No. [12] (“Motion”), pursuant to Federal Rule of Civil Procedure 55(b)(2) 

against Defendant THE GLOBAL LOGISTICS SOLUTIONS GROUP, LLC (“Defendant”). A 

Clerk’s Default was entered against Defendant on August 26, 2020, because Defendant failed to 

answer or otherwise respond to the Complaint, despite having been properly served. ECF Nos. [5]

& [6]. The Court has carefully considered the Motion, the record in this case, the applicable law, 

and is otherwise fully advised. For the following reasons, Plaintiff’s Motion is granted.

INTRODUCTION

Plaintiff initiated this action on July 13, 2020, alleging a claim against Defendant for breach 

of contract. ECF No. [1]. The Complaint alleges that Plaintiff is in the factoring business, which 

involves the purchase of accounts receivable at a discount from businesses. Id. ¶ 7. On or about 

March 9, 2018, Plaintiff and Defendant entered into a written Factoring Master Agreement, which 

incorporated by reference the Factoring Agreement Terms and Conditions, a copy of which was 

provided to Defendant and is also published at terms.ecapital.com (collectively, the “Factoring 

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Agreement”) whereby, among other things, Plaintiff agreed to purchase eligible accounts from 

Defendant under an agreed-upon formula. Id. ¶ 9; id. at 5-33. Plaintiff purchased accounts from 

Defendant arising from the services that Defendant rendered for its customers. Id. ¶ 10. Defendant 

breached the Factoring Agreement by, among other things, failing to pay amounts when due and

suspending or discontinuing its business. Id. ¶ 14. Plaintiff has been damaged by Defendant’s 

conduct. Id. ¶ 17. 

In its Motion, Plaintiff seeks the entry of final default judgment against Defendant on its 

claim against Defendant for breach of contract. 

DISCUSSION

If a defendant fails to plead or otherwise defend a complaint filed against it, the Clerk of 

Court may enter a default against that party. See Fed. R. Civ. P. 55(a). Once a default is entered, a 

plaintiff may seek entry of a default judgment against the defaulting defendant. See Fed. R. Civ. 

P. 55(b). By defaulting, a defendant is taken to admit the well-pleaded allegations of fact in a 

plaintiff’s complaint. Eagle Hosp. Physicians, LLC v. SRG Consulting, Inc., 561 F.3d 1298, 1307 

(11th Cir. 2009) (quoting Nishimatsu Const. Co., Ltd. v. Houston Nat’l Bank, 515 F.2d 1200, 1206 

(5th Cir. 1975)). Although facts are admitted as true, conclusions of law are not; a sufficient basis 

to state a claim must still exist in the pleadings before a court may enter a default judgment. 

Nishimatsu, 515 F.2d at 1206.

A. The Claim

Plaintiff’s Complaint sufficiently alleges facts which demonstrate a claim for breach of 

contract against Defendant. The elements of a breach of contract action are (1) a valid contract, (2)

a material breach, and (3) damages. See Beck v. Lazard Freres & Co., LLC, 175 F.3d 913 (11th 

Cir. 1999) (citing Abruzzo v. Haller, 603 So. 2d 1338, 1340 (Fla. 1st DCA 1992)). 

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Here, Plaintiff alleged that the parties entered into a written agreement, ECF No. [1] ¶ 9; 

id. at 5-33, Defendant breached that agreement by certain actions and inactions, id. ¶¶ 14, 15, and 

Plaintiff has been damaged as a result, id. ¶ 17. Based on these allegations, Plaintiff has clearly 

satisfied the elements of a claim for breach of contract against Defendant and is entitled to default 

final judgment on this claim. 

B. Damages 

“If the plaintiff’s claim is for a sum certain or a sum that can be made certain by 

computation, the clerk-on the plaintiff’s request, with an affidavit showing the amount due-must 

enter judgment for that amount and costs against a defendant who has been defaulted for not 

appearing and who is neither a minor nor an incompetent person.” Fed. R. Civ. P. 55(b)(1). As 

demonstrated by the affidavit of Kenneth Judd attached to the Motion, Plaintiff seeks a sum certain 

from Defendant in the amount of $306,336.36, which represents the total buyout amount owed 

under the Factoring Agreement. Plaintiff also requests pre- and post-judgment interest. Plaintiff 

reserves its rights to file the appropriate motion and supporting documents seeking taxation of 

attorneys’ fees and costs pursuant to Local Rule 7.3. 

Because Plaintiff seeks a sum certain that is verified by the affidavit of Kenneth Judd

attached to the Motion, ECF No. [12-1] ¶ 20; id. at 37-40, the Court finds that Plaintiff is entitled 

to default final judgment on its claims in the amount of $306,336.36, plus pre-judgment and postjudgment interest. 

Time Period Statutory Rate 

Per Annum Daily Rate Number of Days Total Amount

7/13/20 to 9/14/20 6.03% 0.017260% 63 $5,287.37

In calculating the prejudgment interest, the Court applied the Florida statutory rate. See Fla. Stat. 

55.03; see also Current Judgment Interest Rates, available at 

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https://www.myfloridacfo.com/Division/AA/LocalGovernments/Current.htm (last visited Sept. 3, 

2019); see also Fla. Stat. § 55.03 (setting the statutory interest rates as those published by Florida’s 

Chief Financial Officer). 

CONCLUSION

Accordingly, it is ORDERED AND ADJUDGED that:

1. The Motion, ECF No. [12], is GRANTED.

2. Within thirty (30) days of the date of entry of this Order, Plaintiff’s counsel shall 

submit the affidavit(s), compliant with Local Rule 7.3(a), specifying the hours 

worked, time records, associated billing rates, and proposed total amount of 

requested attorney’s fees, and costs.

3. Pursuant to Federal Rule of Civil Procedure 58, Final Default Judgment will be 

entered by separate order.

DONE AND ORDERED in Chambers at Miami, Florida, on September 14, 2020.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to:

Counsel of Record

The Global Logistics Solutions Group, LLC 

c/o Hector Flores 

2620 Noble Canyon Road

Chula Vista, CA 91915

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