United States District Court, W.D. North Carolina, Charlotte Division
J. CONRAD, JR., UNITED STATES DISTRICT JUDGE
MATTER comes before the Court on Plaintiff Nike USA,
Inc.'s (“Plaintiff”) Unopposed Motion for
Entry of Consent Judgment and Order. (Doc. No. 50.) Plaintiff
filed a Complaint in this action (the “Action”)
against Defendants WDP Soccer, Inc. d/b/a Premier Soccer,
Walter Donald Pennington, Sr. a/k/a W. D. Pennington, Sr.,
and William Frederick Pennington a/k/a W. Fred Pennington
(collectively, the “Defendants” and together with
Plaintiff, the “Parties”). Plaintiff and
Defendants have agreed to resolve all matters in controversy
in this Action and any proceedings related thereto. The
Parties consent to entry of this consent judgment and order.
Court has subject matter jurisdiction of this Action because
there is complete diversity of citizenship in that Plaintiff
is a citizen of the State of Oregon, Defendants are all
citizens of the State of South Carolina, and the amount in
controversy exceeds $75, 000.00 exclusive of interest and
costs. 28 U.S.C. §§ 1332(a), 1446(c)(2)(A)(ii).
Court has personal jurisdiction over Defendants, who removed
this Action to federal court.
Venue is proper in this Court pursuant to 28 U.S.C.
§§ 1404 and 1441(a). (See Doc. No. 42,
Eastern District of North Carolina's Order granting
motion to transfer venue to this Court pursuant to 28 U.S.C.
Defendant Walter Donald Pennington, Sr. a/k/a W. D.
Pennington, Sr. and Defendant William Frederick Pennington
a/k/a W. Fred Pennington (“Pennington
Defendants”) each executed Personal Guarantees in favor
of Plaintiff for the indebtedness Plaintiff seeks to recover
in this Action against Defendants.
Plaintiff asserts a breach of contract claim against
Defendants for the principal amount of $89, 943.00 plus $18,
708.14 in pre-judgment interest at a rate of 8% per annum
from October 1, 2016 through May 8, 2019 for a total of $108,
651.14. Post-judgment interest shall be awarded and
calculated at 8% per annum from the date of entry of this
Consent Judgment and Order through the date on which it is
Defendants' total indebtedness due to Plaintiff is $108,
931.14, which is inclusive of principal amount, pre-judgment
interest, attorney's fees, and costs through May 8, 2019.
Post-judgment interest will accrue in accordance with
Parties have decided to enter into this consent judgment and
order to settle the claims and potential claims of Plaintiff
in an effort to avoid further protracted and costly
litigation. To that end, the Parties mutually stipulate to
the entry of this consent judgment and order.
IS THEREFORE ORDERED that:
Plaintiff Nike USA, Inc.'s Unopposed Motion for Entry of
Consent Judgment and Order, (Doc. No. 50), is
consent of Plaintiff, Nike USA, Inc., and Defendants, WDP
Soccer, Inc. d/b/a Premier Soccer, Walter Donald Pennington,
Sr. a/k/a W. D. Pennington, Sr., and William Frederick
Pennington a/k/a W. Fred Pennington, the terms of this
consent judgment and order shall be subject to enforcement
and execution by Nike USA, Inc. or its assignees;
Within 14 days after entry of this consent judgment and
order, Defendants, jointly and severally, are obligated to
and shall pay $108, 931.14 to Nike USA, Inc. plus any then
accrued post-judgment interest by tendering payment to Kutak
Rock Trust Account for the benefit of Plaintiff;
full satisfaction of this judgment amount, the Parties
stipulate that this consent judgment and order resolves all
matters between them that are alleged in ...