PLAINTIFF’S MOITON FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT EQUITITREND-PAGE 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

PREMIER DEVELOPMENT AND

INVESTMENT, INC.,

Plaintiff,

vs.

JAMES J. MAHONEY, THOMAS M. 

MAHONEY, and EQUITITREND

ADVISORS, L.L.C.

Defendants.

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Civil Action No. 3:04-CV-0405-L

PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT JUDGMENT AGAINST

DEFENDANT EQUITITREND

TO THE HONORABLE JUDGE OF THE U. S. DISTRICT COURT:

COMES NOW, Premier Development and Investment, Inc., Plaintiff, and,

pursuant to Rule 55 of the Federal Rules of Civil Procedure and Local Rule 55.3, hereby requests

that the District Clerk enter a Default Judgment in a manner and form provided herewith. 

1. Plaintiff filed its First Amended Complaint in United States District Court for the

Northern District of Texas on April 24, 2007 (Doc. #48).

2. On April 25, 2007, the summons was issued as to Equititrend Advisors, LLC

(Doc # 49). 

3. The summons was returned executed and served on May 3, 2007 and filed with 

the Court on June 20, 2007 (Doc. # 53).

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PLAINTIFF’S MOITON FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT EQUITITREND-PAGE 2

4. The deadline for Defendant Equititrend Advisors, LLC’s to file an answer was

May 23, 2007; however, Defendant Equititrend Advisors, LLC has not filed an answer or any

pleading constituting an answer and has not entered an appearance.

5. The damages in Plaintiff’s First Amended Complaint are liquidated and can be

proven by a written instrument and are accurately calculated; therefore, no hearing is necessary

to establish the amount of damages.

5. Plaintiff requested reasonable attorney’s fees, and attached hereto as Exhibit “A”

is an affidavit proving attorney’s fees expended in this case.

WHEREFORE, PREMISES CONSIDERED, Plaintiff, Premier Development and 

Investment, Inc. asks the Court to enter a Default Judgment against Defendant, Equititrend

Advisors, LLC, granting the relief requested in Plaintiff’s First Amended Complaint.

Respectfully submitted,

ERIC D. FEIN, P.C. & ASSOCIATES

By: /s/ Eric D. Fein

Eric D. Fein

State Bar No. 06879020

Vickie S. Brandt

State Bar No. 24031878

3500 Oak Lawn Avenue, Suite 510

Dallas, Texas 75219

Telephone (214)522-9596 

ATTORNEYS FOR PLAINTIFF

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PLAINTIFF’S MOITON FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT EQUITITREND-PAGE 3

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing

document was forwarded via Certified Mail, Return Receipt Requested, First Class Mail,

Facsimile, and/or Hand Delivery to undersigned on this the 27th day of July 2007.

James J. Mahoney Via Certified Mail, RRR70051160000303507635

4275 Executive Square, Suite 210

La Jolla, California 92037

Thomas M. Mahoney Via Certified Mail, RRR70051160000303507628

4275 Executive Square, Suite 210

La Jolla, California 92037

/s/ Eric D. Fein 

Eric D. Fein

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