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16-6632 - LG Capital Funding, LLC v. Wowio, Inc.


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16-6632 - LG Capital Funding, LLC v. Wowio, Inc.
August 15, 2017
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DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Clerk of Court is respectfully directed to vacate the notice of default entered on 3/10/17; the plaintiff's time to serve the defendant is extended, nunc pro tunc, to 5/12/17; the plaintiff's motion for default judgment is denied without prejudice; and the defendant is to respond to the complaint by 9/15/17. Ordered by Judge Ann M. Donnelly on 8/15/2017. (Greene, Donna)
May 15, 2018
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MEMORANDUM AND ORDER: I adopt Judge Mann's R&R in its entirety, and grant the plaintiff's motion for default judgment 23 in part and deny it in part. The plaintiff is awarded the following damages on its breach of contract claim: (1) $110,366.03 in unpaid principal and interest through September 16,2015; (2) default interest on the principal balance of $103,500 at a daily rate of $68.05 from September 17,2015 through entry of final judgment; (3) $5,180 in attorneys' fees; and (4) $550.50 in costs. The plaintiff's claim for unjust enrichment is dismissed as duplicative of its breach of contract claim. The Clerk is directed to terminate this case, and to send copies of this Order to the defendant at the following addresses: Vcorp Services, Inc. (As registered agent for Wowio, Inc.), 1999 Bryan Street - Suite 900 Dallas, Texas 75201-3136, Attn: Beatrice Casarez and to Wowio, Inc. at 3545 Motor Avenue, 2nd Floor, Los Angeles, CA 90034. Ordered by Judge Ann M. Donnelly on 5/15/2018. (Greene, Donna)