Berd v. De Bastos
Berd v. De Bastos
2021 WL 2010396 (D.N.D. 2021)
April 14, 2021

Hovland, Daniel L.,  United States District Judge

Sanctions
Cost Recovery
Default Judgment
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Summary
The Court granted the Plaintiffs' motion for default judgment in the amount of $2,368,633.67, which included damages to each of the Plaintiffs, lost wages, costs, and attorney's fees. Additionally, the Court ordered the Defendant to pay any ESI associated with the case, as this is an important part of the discovery process.
Additional Decisions
Madjid Berd, et. al., Plaintiffs,
v.
Paul De Bastos and Paul Real Estate, Inc., Defendants
Case No. 1:16-cv-339
United States District Court, D. North Dakota
Filed April 14, 2021

Counsel

Brian Marty, J. Barton Goplerud, Pro Hac Vice, Hudson, Mallaney, Schindler, & Anderson P.C., West Des Moines, IA, McLain J. Schneider, Schneider, Schneider & Schneider, Fargo, ND, Alan L. Rosca, Pro Hac Vice, Rosca Law, Beachwood, OH, James P. Booker, Pro Hac Vice, Peiffer Rosca Wolf Abdullah Carr & Kane LLP, Cleveland, OH, for Plaintiffs.
Paul De Bastos, Plantation, FL, Pro Se.
Hovland, Daniel L., United States District Judge

ORDER GRANTING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT

*1 Before the Court is the “Plaintiff' Motion for Default Judgment and Damages” filed on March 19, 2021. See Doc. No. 70. The Plaintiffs' filed this motion in response to the Court's “Order Granting Plaintiffs' Motion for Sanctions.” See Doc. No. 65. In the Court's Order, dated March 5, 2020, granting the Plaintiffs' requests for sanctions to be entered against the Defendant, Paul De Bastos, the Court ordered:
1. Default judgment be entered against De Bastos upon a motion by the Plaintiffs detailing damages, which are a sum certain or can be made certain by computation.
2. De Bastos is to pay costs and reasonable attorney's fees associated with the Defendant's discovery failures, including the costs to prepare the motion for sanctions
3. The Plaintiffs are directed to submit billing statements evidencing their costs and attorney's fees associated with the Defendant's discovery failures by April 1, 2020, for the Court's consideration.
See Doc. No. 65, p. 5. The Court previously entered an order directing Defendant De Bastos to pay the Plaintiffs $5,166.00 as costs and reasonably attorney's fees associated with the Defendant's discovery failures. See Doc. No. 68.
 
In their motion for default judgment, the Plaintiffs have demonstrated the damages are a sum certain or can be made certain by computation. Accordingly, pursuant to the Court's March 5, 2020 Order, the Court GRANTS the motion for default judgment (Doc. No. 70). The Clerk of Court is directed to enter default judgment pursuant to Federal Rule of Civil Procedure 37(b)(2)(vi) against Paul De Bastos and in favor of the Plaintiffs in the total amount of $2,368,633.67, as detailed below:
• Plaintiff Madjid Berd in the amount of $58,550.01;
• Plaintiffs Loic Bouchet and Fabien Ravailhe in the amount of $34,043.20;
• Plaintiffs Thierry Bruneau and Lionel and Beatrice Torrecilla, through Brutorre LLC, in the amount of $188,426.22;
• Plaintiffs Alain and Joscelyne Luzuy de Maillargues, individually and through SOFIFLOR LLC, in the amount of $201,266.72;
• Plaintiff Thierry Dusoleil, through Probae Invest LLC, lost $161,737 in the amount of $152,030.68;
• Plaintiff Agnes Ferraris in the amount of $64,798.51;
• Plaintiff Dominique Fratacci, through Sandaniellu Investments LLC, in the amount of $149,795.19;
• Plaintiffs Dominique and Brigitte Garsi, through BD DAK'Invest LLC, in the amount of $151,892.55;
• Plaintiffs Gilles and Helene Gleizes, through Glami LLC, in the amount of $63,572.23.
• Plaintiff Laurent Graesel in the amount of $34,749.49;
• Plaintiff Francois Hetier, through Hetier LLC, in the amount of $24,861;
• Plaintiffs Christian and Blanche Jean in the amount of $192,106.07;
• Plaintiff Thierry Jungmichel, through T.J. and Co LLC, in the amount of $113,635;
• Plaintiff Alain Lecanuet in the amount of $78,034.81;
• Plaintiff Gwendoline Moniez, through DAKOLINE LLC, in the amount of $58,409.64;
• Plaintiff Stephane Perrotte, through Knet LLC, in the amount of $215,526.60;
• Plaintiff Romain Reboul, through DAKOLAND LLC, in the amount of $110,101.99;
*2 • Plaintiff Laurence Ricouard in the amount of $23,426.37;
• Plaintiff Marc Robiolle, through Mamici Dakota LLC, in the amount of $323,791.59;
• Plaintiff Monique Sirgue in the amount of $80,707.25; an
• Plaintiff Raphael Winterstein in the amount of $48,908.55.
 
IT IS SO ORDERED.
 
Dated this 14th day of April, 2021.