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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA,)
Plaintiff, ) CASE NO. 96-6112
SCUBA RETAILERS )
ASSOCIATION, INC., ) MOTION FOR ENTRY
) OF DEFAULT FINAL JUDGMENT
The undersigned counsel, on behalf of plaintiff, the United
States of America, move this Court for entry of a default
judgment as to defendant Scuba Retailers Association, Inc., upon
the complaint heretofore filed and served upon the defendant, in
accordance with the provisions of Rule 55(b)(2), Federal Rules of
Civil Procedure, and in support thereof shows the Court the
1. On January 30, 1996, the United States filed in the
United States District Court, Southern District of Florida, Fort
Lauderdale Division, a Complaint alleging certain anticompetitive
practices by defendant in violation of Section 1 of the Sherman
Act, 15 U.S.C. § 1. A copy of said Complaint is attached hereto
as Exhibit 1 and is incorporated herein by reference.
2. On February 13, 1996, a copy of said Complaint and a
Summons in a Civil Action were served by the United States
Marshals Service upon James R. Estabrook, Executive Director of
defendant, at Mr. Estabrook's place of business located at 59
Washington Street, Somerville, Massachusetts. A copy of the
Process Receipt and Return and Summons is attached hereto as
Exhibit 2 and is incorporated herein by reference.
3. On March 8, 1996, after more than twenty days,
excluding the Birthday of Martin Luther King, Jr., had elapsed
since the service of said Complaint and Summons upon defendant,
and no Answer thereto having been served by defendant upon the
United States, the United States notified James R. Estabrook,
Executive Director of defendant, of the United States' intention
to petition this Court for entry of a default judgment against
defendant. A copy of said letter is attached hereto as Exhibit 3
and is incorporated herein by reference. No response to said
letter has been received by the United States.
4. Defendant has failed to plead or otherwise defend this
action, and the United States is entitled to judgment by default
5. Pursuant to the provisions of Rule 55(b)(2), Federal
Rules of Civil Procedure, this Court is empowered to enter a
default judgment against the defendant for relief sought by
plaintiff in its complaint, and written notice of this action has
been given to defendant as set forth in the attached affidavit.
WHEREFORE, plaintiff prays that this Court enter a judgment
of default against defendant, and that defendant be enjoined and
restrained from violating Section 1 of the Sherman Act, 15 U.S.C.
§ 1, as provided in the proposed Final Judgment filed
contemporaneously with this Motion.
We, Richard E. Reed, Stephen C. Gordon, and Jeffrey L.
Berhold, do hereby certify that the statements and allegations
set forth in the foregoing Motion and the accompanying Memorandum
are true and accurate to the best of our knowledge and belief.
RICHARD E. REED
STEPHEN C. GORDON
JEFFREY L. BERHOLD
U.S. Department of Justice
75 Spring Street, S.W.
Atlanta, Georgia 30303
FAX: (404) 331-7110