IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

EQUAL EMPLOYMENT )

OPPORTUNITY COMMISSION, )

)

Plaintiff, )

) CIVIL ACTION NUMBER:

v. ) 3:10-cv-00379-MCR-EMT

)

)

TITAN WASTE SERVICES, INC. ) 

)

Defendant. )

MOTION FOR DEFAULT JUDGMENT

Plaintiff, Equal Employment Opportunity Commission (“EEOC” or the 

“Commission”), pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, 

moves for default judgment against Defendant Titan Waste Services, Inc. (“Titan” or 

“Defendant”). In support of this motion, the Commission submits Exhibit A, the 

Declaration of Michael Brooks, and Exhibit B, a proposed Order of Default Judgment, 

and avers as follows: 

1. In an Order dated and entered May 28, 2013, the Court relieved the law 

firm of Beggs & Lane and attorney Russell F. Van Sickle of any further obligation to 

represent Defendant, upon the firm and attorney providing Defendant a copy of said 

Order and filing a written notice of compliance with the Court. The Court’s Order

allowed Defendant 30 days to retain substitute counsel and provided, “If no counsel has 
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appeared on its behalf by that time, Defendant Titan Waste Service, Inc. will be subject to 

the entry of a default judgment against it.” (Doc. 69, p. 2). The Court's Order was based 

on the well-established rule that a corporation cannot appear pro se and must be 

represented by counsel. 

2. Thereafter, on May 29, 2013, attorney Van Sickle and the law firm of 

Beggs & Lane filed a Notice of Compliance attesting that it gave written notice of the 

Court's May 28, 2013 Order to Defendant on May 29, 2013. (Doc. 70).

3. To date, substitute counsel has not appeared on behalf of Defendant, nor 

did Defendant request any extension of time to comply with the Court's Order.

4. By order dated and entered July 1, 2013 (Doc. 71), the Court directed the 

Clerk to enter a default against Defendant for its failure to comply with a court order and 

failure to retain counsel, and ordered the Commission to file a motion for default 

judgment within 14 days of that order.

5. On July 2, 2013, the Clerk entered a default (Doc. 72) against Defendant 

in compliance with the Court's order.

4. For the foregoing reasons, and in compliance with the Court's Order of 

July 1, 2013, Plaintiff moves the Court for a default judgment against Defendant.

WHEREFORE, the Commission requests that the Court to enter a Default 

Judgment against Defendant as follows:

A. Judgment against the Defendant in the amount of $228,603.75 for the 

benefit of Michael Brooks;
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B. Tax court costs against Defendant; and

C. Grant Plaintiff such other relief as to which it may be entitled in the 

premises.

Dated this the 3rd day of July, 2013.

Respectfully submitted,

C. EMANUEL SMITH

Regional Attorney

Mississippi Bar # 747

JULIE BEAN

Supervisory Trial Attorney

DC Bar # 433292

/s/ Gerald L. Miller

GERALD L. MILLER 

Senior Trial Attorney

(AL Bar No.: ASB-1454-E52G)

205-212-2047

gerald.miller@eeoc.gov

MANEESH VARMA

(DC Bar #988521)

Trial Attorney

EQUAL EMPLOYMENT OPPORTUNITY 

 COMMISSION

 Birmingham District Office

 Ridge Park Place, Suite 2000

 1130 22nd Street South

 Birmingham, AL 35205

 Telephone: (205) 212-2045

 Facsimile: (205) 212-2041
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I hereby certify that on July 3, 2013, I filed the foregoing with the Clerk of Court 

using the CM/ECF system which will electronically send notification of the filing to all 

attorneys of record, and have mailed by United States Postal Service, first class mail, the 

document to the following non-CM/ECF participants:

CERTIFICATE OF SERVICE

Titan Waste Services, Inc.

c/o David Fenton, Registered Agent

3630 Bagwell Road

Pace, FL 32571

/s/ Gerald L. Miller 

Gerald L. Miller