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Wizara LLC v. Smartlink Communication SpA

$26 Million Default Judgment in Algeria Internet Contract Breach Action Is Explained

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Wizara, LLC, removed this action against Defendant Smartlink Communication, SpA, from state court on April 14, 2017. Dkt. No. 1 (“Notice of Removal”); see also Dkt. No. 2 at 1-7 (“Amended Complaint”). On June 20, 2017, Defendant filed an answer. Dkt. No. 14 (“Answer”). On June 22, 2023, the Court struck Defendant’s Answer. Dkt. No. 95 (“June 2023 Order”). Now before the Court is Plaintiff’s motion for default judgment, which was filed on July 7, 2023. Dkt. No. 89-9 (“Motion” or “Motion for Default Judgment”). For the reasons that follow, Plaintiff’s Motion is granted. II. BACKGROUND Plaintiff is a domestic limited liability company organized under the laws of the State of New York with its principal place of business located in Liverpool, New York. See Am. Compl. 1. Defendant is a foreign corporation incorporated under the laws of Algeria, with its principal place of business in Algiers, Algeria. See id. 2. On or about January 5, 2003, the parties entered into a contract to provide “goods, wares and services in the nature of hardware and installation relating to internet services, VOIP and wireless broadband in the country of Algeria.” Id.

3-4; see also Dkt. No. 2 at 9-41 (“CHASS Agreement”). Plaintiff asserts that the combined value of the goods and services that it provided Defendant was $8,667,980.00, see Am. Compl.

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