United States District Court, W.D. North Carolina, Asheville Division
Reidinger United States District Judge.
MATTER is before the Court on the Plaintiffs'
Motion for Default Judgment. [Doc. 7].
Plaintiffs Peter Jarvinen and Connie Jarvinen filed this
action against the Defendants Goshen Timber Frames, Inc.
(“Goshen Timber Frames”), Bonnie Pickartz, and
David Pickartz for breach of contract. [Doc. 1]. The
Defendants were each properly served with a summons and the
Plaintiffs' Complaint but failed to file an answer or
responsive pleading or otherwise defend the lawsuit within
the time allowed. As a result of Defendants' failure to
answer or otherwise appear in this action, the Clerk Court
made an entry of default against the Defendants on February
22, 2018. [Doc. 6]. The Plaintiffs now move for the entry of
a default judgment against the Defendants. [Doc. 7].
STANDARD OF REVIEW
of the Federal Rules of Civil Procedure provides for the
entry of a default when “a party against whom a
judgment for affirmative relief is sought has failed to plead
or otherwise defend.” Fed.R.Civ.P. 55(a). Once a
defendant has been defaulted, the plaintiff may then seek a
default judgment. If the plaintiff's claim is for a sum
certain or can be made certain by computation, the Clerk of
Court may enter the default judgment. Fed.R.Civ.P. 55(b)(1).
In all other cases, the plaintiff must apply to the Court for
a default judgment. Fed.R.Civ.P. 55(b)(2).
defendant, by his default, admits the plaintiff's
well-pleaded allegations of fact . . . .” Ryan v.
Homecomings Fin. Network, 253 F.3d 778, 780 (4th Cir.
2001) (quoting Nishimatsu Constr. Co., Ltd. v. Houston
Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975)). A
defendant, however, “is not held . . . to admit
conclusions of law.” Ryan, 253 F.3d at 780
(quoting Nishimatsu, 515 F.2d at 1206). The Court
therefore must determine whether the facts as alleged state a
claim. GlobalSantaFe Corp. v. Globalsantafe.com, 250
F.Supp.2d 610, 612 n.3 (E.D. Va. 2003).
light of the Defendants' default, the Court accepts as
true the following well-pleaded allegations from the
Timber Frames is a North Carolina corporation doing business
in the Western District of North Carolina. Bonnie Pickartz
and David Pickartz are citizens and residents of Macon
County, North Carolina, and are the shareholders of Goshen
Timber Frames. Goshen Timber Frames was administratively
dissolved on April 16, 2012 for failure to file an annual
report. At all times relevant herein, Defendants Bonnie
Pickartz and David Pickartz did business as Goshen Timber
Frames and/or Goshen Timber Frames, Inc.
about October 8, 2013, the Plaintiffs entered into a contract
with Goshen Timber Frames for the production, delivery,
erection, and enclosure of a timber frame package home on the
Plaintiffs' building site in Glenville, North Carolina.
Under the terms of the contract, Goshen Timber Frames'
provision of material and work necessary under the contract
was to be completed on or before April 14, 2014. As of the
filing of the Complaint, construction of the Plaintiffs'
home had been ongoing for more than four years, and the home
was not completed.
to the parties' contract, Goshen Timber Frames was
obligated to furnish and install heavy timber framing and 1x8
tongue and groove decking furnished by the Plaintiffs at the
underside of roof panels and the underside of the
second-floor loft. Goshen Timber Frames was also obligated to
furnish and install Structural Insulated Panels (SIPS) at the
roof and walls.
Timber Frames failed to furnish and install several interior
timber framing members and the tongue and groove decking
below the loft floor and a dormer ceiling; failed to furnish
and install any of the exterior timber framing members
including front porch posts framing, roof trim trusses, and
under-floor brackets; and failed to furnish roof rafters for
the screen porch. Installation of the SIPS panels was
incomplete due to Goshen Timber Frames' failure to
correct significant defects in the work, namely:
• The roof panel edges were misaligned at three
locations; fascia, roof drip edges, and roofing could not be
installed due to ...