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CA Inc. v. Network Solutions Provider Inc.

Default Judgment, Damages, Other Awards in Breach Action Explained

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MEMORANDUM AND ORDER Plaintiff brought this action against Defendant on June 15, 2017. (ECF No. 1 (“Compl.”)). Defendant was duly served with the summons and complaint on October 5, 2017 (ECF No. 19-8) but failed to respond to the complaint. On January 2, 2018, the Clerk of the Court issued a Certificate of Default. (ECF No. 18). Presently before the Court is Plaintiff’s motion for default judgment pursuant to Fed. R. Civ. P. 55(b)(2). (ECF No. 19).BACKGROUNDThis is an action for breach of contract and account stated based on diversity jurisdiction. Plaintiff CA, Inc. d/b/a CA Technologies (“CA”), a Delaware corporation with its principal place of business in New York, is a “world-leading provider of information technology management software and solutions.” (Compl.

3, 8). Defendant Network Solutions Provider, Inc. (“NSP”) is incorporated in and has its principal place of business in California. (Compl. 4).On or about January 29, 2016, CA entered into a written Service Provider Order Form (Compl. Ex. A) (the “Agreement”), by the terms of which it was agreed that CA would sell and NSP would purchase software products and services for a total price of $207,575.00. (Compl.

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