BLUEFIELD – A judge has entered a judgment order in which he found in favor of REI Drilling against Resurrection Coal Company in the amount of $83,756.34 with interest.
District Judge David A. Faber entered the judgment order reflecting the default judgment amount of $83,756.34 with interest in favor of REI in February in U.S. District Court for the Southern District of West Virginia.
In his memorandum opinion and order, Faber said Resurrection failed to answer the complaint filed on Oct. 16, 2017, and REI then moved for an entry of default on Jan. 11.
“In this case, Resurrection Coal was validly served pursuant to Federal Rule of Civil Procedure 4,” Faber wrote. “Resurrection Coal has failed to answer, defend or substantially appear in this action. Because Resurrection Coal has had ample notice of this pending lawsuit but has taken no meaningful action, granting plaintiff’s motion for default judgment is appropriate.”
Resurrection requested REI to perform drilling and related services on one of Resurrection’s mines in Bartley. It agreed to compensate REI for the services it performed.
REI performed the requested services in September and October 2012 and sent Resurrection an invoice on Oct. 17, 2012. The total amount billed was $116,129.52.
Resurrection made 10 payments ranging from $1,873.18 to $4,000 for a total of $32,373.18 to REI for the services, but failed to pay the remaining $83,756.34.
REI claimed it demanded the remaining payments numerous times but Resurrection refused to pay the amount owed.
Resurrection breached its contract with REI and was unjustly enriched at REI’s expense.
REI was seeking judgment in the amount of $83,756.34 with interest. It is represented by J. Mark Adkins and Andrew C. Robey of Bowles Rice.
U.S. District Court for the Southern District of West Virginia case number: 1:17-cv-04170