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OVES Enterprise SRL v. NOWwith Ventures Inc.

Default Judgment, Legal Fees, Statutory Interest in Contract Breach Action Explained

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OPINION AND ORDER Plaintiff OVES Enterprise, SRL (“Plaintiff”) moves, pursuant to Federal Rule of Civil Procedure 55, for entry of a default judgment against NOWwith Ventures, Inc., doing business as VideoShops (“Defendant”). Dkt. No. 15. For the reasons that follow, the motion is granted. BACKGROUND The Court assumes the truth of the well-pleaded allegations of the complaint for purposes of the motion for a default judgment. See City of N.Y. v. Mickalis Pawn Shop, LLC, 645 F.3d 114, 137 (2d Cir. 2011). Plaintiff is a limited liability company organized under the laws of Romania. Dkt. No. 1 4. It is a global software engineering company that provides full-scale software development services to a wide range of clients around the world. Id. 9. Defendant is a corporation organized under the laws of Delaware, with its principal place of business in New York, New York. Id. 5. It is a venture capital-backed, self-styled “revolutionary personal commerce platform” that boasts a roster of high-profile investors, including baseball player Alex Rodriguez. Id. 10. On or about May 18, 2023, Defendant engaged Plaintiff to provide software development services related to the development of its widely touted “social commerce” platform. Id. 11. The terms of the engagement are set forth in a Professional Services Agreement dated May 18, 2023 (the “PSA”). Id.

1, 12; Dkt. No. 1-1. Pursuant to the terms of the PSA, Plaintiff agreed to provide to Defendant “exclusive software development services” as requested by Defendant in exchange for a fee of $54 an hour for services rendered. Dkt. No. 1 12; Dkt. No. 1-1

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