IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF NORTH CAROLINA
`STATESVILLE DIVISION
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`Case No.: 5:14CV61-RLV
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`HOMELIFE, LLC
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`Plaintiff,
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`v.
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`MAVERICK INTERNATIONAL, INC.,
`d/b/a MAVERICK MUSIC, INC.,
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`and
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`PHILIP WINFIELD,
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`Defendants.
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`SUMMARY OF EVIDENCE PRESENTED AND
`ORDER OF DEFAULT JUDGMENT
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`THIS MATTER came before the Court on August 14, 2014, for a hearing on the
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`Plaintiff, Homelife, LLC’s (“Homelife”) Motion for Entry of Default Judgment, pursuant to Rule
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`55(b)(2) of the Federal Rules of Civil Procedure, at which counsel and a corporate representative
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`for Homelife appeared. The Defendants, Maverick International, Inc., d/b/a Maverick Music,
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`Inc. (“Maverick”), and Philip Winfield (“Winfield”) (collectively, “Defendants”) have failed to
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`appear, plead to, or otherwise defend Homelife’s claims against them in this action within
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`twenty-one (21) days of service as required by Rule 12(a)(1)(A)(i) of the Federal Rules of Civil
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`Procedure. The Clerk of Court entered default against Defendants on May 30, 2014. (Doc. 11).
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`By Order entered on July 22, 2014, the Court set this matter for hearing on August 14, 2014,
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`pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, for the purposes of hearing
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`evidence to establish the amount of damages sought by Homelife. (Doc. 14). Defendants neither
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`Case 5:14-cv-00061-RLV-DCK Document 17 Filed 09/05/14 Page 1 of 4
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`appeared at the hearing on August 14, 2014, nor otherwise responded to Homelife’s Motion for
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`Entry of Default Judgment, and the time to do so has expired.
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`At the hearing held on August 14, 2014, Homelife presented the testimony of its
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`corporate representative, as well as properly authenticated documentary evidence in the form of
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`electronic mail communications between Homelife’s corporate representative and Defendants,
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`which were admitted into evidence. This evidence established that, in or about late October and
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`early November of 2013, Homelife, through its representative, arranged with Winfield to sell
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`certain rare music equipment through Maverick. The music equipment included the following: a
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`Dumble Overdrive Reverb Amplifier Head, Model OD-100W, Serial No. 0059; a vintage
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`Jackson Browne Dumble Amplifier Cabinet (the Dumble Amplifier Head and Dumble Amplifier
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`Cabinet, collectively the “Dumble Amplifier”); a Two-Rock Prototype Amplifier Head 100W,
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`Serial No. Proto 01; a Two-Rock 2 x 12 Old Style Amplifier Cabinet (the Two-Rock Amplifier
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`Head and Two-Rock Amplifier cabinet, collectively the “Two-Rock Amplifier”); and a 2004
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`Stevie Ray Vaughan Fender Stratocaster, Serial No. 93702-JC068 (the “Fender Guitar”).
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`According to the parties’ agreement, Maverick would retain a percentage of the sale price for its
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`services and remit the net sale proceeds for each of the pieces to Homelife.
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`On or about November 7, 2013, Defendants communicated to Homelife’s representative
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`that the Dumble Amplifier had sold for net sale proceeds of $160,000. In the same
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`communication, Defendants represented that the Two-Rock Amplifier was on the verge of
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`selling for $55,000. Homelife’s representative, who has substantial familiarity with this
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`particular line of amplifier testified that, in his opinion, such a purchase price would be
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`reasonable. On or about November 8, 2013, Defendants communicated to Homelife’s
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`representative that the Fender Guitar had sold for net sale proceeds of $60,000. Based on
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`Case 5:14-cv-00061-RLV-DCK Document 17 Filed 09/05/14 Page 2 of 4
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`Defendants’ representations, on November 8, 2013, Homelife shipped the music equipment to
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`Maverick’s principle place of business in Mooresville, North Carolina. Homelife’s representative
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`testified that, as of the date of the hearing, Homelife has received no payments of the net sale
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`proceeds from Defendants despite repeated demands therefor. Moreover, Defendants have not
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`returned to Homelife any music equipment remaining in their possession despite repeated
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`demands therefor.
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`Having found the facts as herein stated, the Court finds as a matter of law that Plaintiff
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`prevails on each of its four theories of recovery. The Court further finds as a matter of law that
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`Plaintiff is entitled to recover from Defendants, jointly and severally, the total sum of $275,000,
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`with interest from the date of filing of the Complaint.
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`WHEREFORE, upon consideration of the pleadings filed herein and the evidence
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`presented before the Court at the hearing held on August 14, 2014, Homelife’s Motion for Entry
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`of Default Judgment is GRANTED.
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`IT IS, THEREFORE, ORDERED THAT:
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`1)
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`Default judgment is entered in favor of Homelife on its breach of contract claim
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`against Maverick in the amount of $275,000, with accrued interest at a rate of 8 percent per
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`annum until paid in full;
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`2)
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`Default judgment is entered in favor of Homelife on its unjust enrichment claim
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`against Defendants, jointly and severally, in the amount of $275,000, with accrued interest at a
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`rate of 8 percent per annum until paid in full;
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`3)
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`Default judgment is entered in favor of Homelife on its trespass to chattels claim
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`against Defendants, jointly and severally, in the amount of $275,000, with accrued interest at a
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`rate of 8 percent per annum until paid in full; and
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`Case 5:14-cv-00061-RLV-DCK Document 17 Filed 09/05/14 Page 3 of 4
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`4)
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`Default judgment is entered in favor of Homelife on its conversion claim against
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`Defendants, jointly and severally, in the amount of $275,000, with accrued interest at a rate of 8
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`percent per annum until paid in full.
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`5)
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`The Deputy Clerk is directed to mail a copy of this Summary of Evidence
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`Presented and Order of Default Judgment to counsel for Homelife and to Defendants by certified
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`mail, return receipt requested.
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`Signed: September 5, 2014
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`Case 5:14-cv-00061-RLV-DCK Document 17 Filed 09/05/14 Page 4 of 4
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