Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

DSG Logistics LLC v. Rocha, Inc

United States District Court, W.D. Washington, Tacoma

October 9, 2019

DSG LOGISTICS, LLC, Plaintiff,
v.
ROCHA, INC., Defendant.

          REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

          J. Richard Creatura, United States Magistrate Judge.

         The District Court has referred this matter to U.S. Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. §§ 636(b)(1)(A) and 636(b)(1)(B) and Local Rules MJR 1, MJR 3, and MJR 4. See Dkt. 11. The matter is before the Court on plaintiff's motion for a default judgment against defendant. Because plaintiff served defendant in accordance with Federal Rule of Civil Procedure 4, defendant failed to timely appear in this action, the Clerk has entered defendant's default, and plaintiff's motion is otherwise appropriate under Federal Rule of Civil Procedure 55(b)(1), the District Court should grant plaintiff's motion for a default judgment.

         BACKGROUND

         Plaintiff filed its complaint for damages on May 14, 2019, alleging breach of contract, negligence, and violation of 49 U.S.C. § 14706 against defendant, an interstate carrier, for failure to adequately refrigerate plaintiff's cargo during transport. Dkt. 1. Plaintiff timely effected service of copies of the summons and complaint on defendant's blanket company's agent on May 28, 2019. See Dkt. 6, at 1.

         However, defendant has failed to timely appear or take any action in this matter. See Dkt. Plaintiff now requests a default judgment against plaintiff for $48, 333.06, including costs, attorney fees, and prejudgment interest. See Dkt. 7-1, at 1. The Clerk has entered defendant's default, so that the matter is ripe for decision. See Dkt. 12. In addition, defendant has responded to this Court's order to show cause by filing an itemization of costs and attorney fees. See Dkts. 13, 15, 16.

         DISCUSSION

         Plaintiff requests a default judgment under Federal Rule of Civil Procedure 55(b)(1). See Dkt. 7, at 3. Rule 55(b)(1) authorizes the Clerk of the Court to enter default judgment “if the plaintiff's claim is for a sum certain or a sum that can be made certain by computation[.]” Judgment must be entered “on the plaintiff's request, with an affidavit showing the amount due” “for that amount and costs” if the defendant “has been defaulted for not appearing” and is “neither a minor nor an incompetent person.” Fed.R.Civ.P. 55(b)(1).

         The Ninth Circuit has stated that Rule 55(b)(1) applies where there is “no doubt” remaining “as to the amount to which [defendant's] default entitled [plaintiff].” Franchise Holding II, LLC v. Huntington Restaurants Grp., 375 F.3d 922, 929 (9th Cir. 2004). Moreover, an award of prejudgment interest is discretionary but routinely recognized as an element of complete compensation. See Osterneck v. Ernst & Whinney, 489 U.S. 169, 175 (1989). Prejudgment interest is typically calculated according to the rate set forth in 28 U.S.C. § 1961 based on Federal Reserve-published Treasury yields. See SEC v. Platforms Wireless Int'l Corp., 617 F.3d 1072, 1099 (9th Cir. 2010).

         Here, plaintiff asserts that it is entitled $41, 302-the difference between the cargo's commercial value at its destination ($73, 044) and its salvage value ($31, 742). Dkt. 7, at 2. Plaintiff relies on the declaration of its accounting manager (see Dkt. 9), who states that plaintiff paid the cargo's commercial value to a consignee and also received payment of the cargo's salvage value. See Dkt. 9, at 2.

         Plaintiff also requests $5, 823.50 for attorneys' fees and $809.00 for costs (Dkt. 7-1, at 1) as substantiated by plaintiff's attorney's declaration and based on the parties' contract. See Dkt 1, at 12; Dkt. 8. Plaintiff's attorney documents approximately 14 hours of substantive work as support for the attorney's fees request and the costs of filing the matter and service of process as support for the costs request. See Dkt. 16, at 2-3. The undersigned finds these amounts to be reasonable.

         Plaintiff further requests appropriate prejudgment interest of 1.93%, or $398.56. See Dkt. 7-1, at 1. Thus plaintiff has properly requested a sum certain. Moreover, plaintiff served defendant's authorized agent-“the registered agent of [defendant's] blanket company, Transportation Authority, LLC”-with a copy of the complaint and the summons within 90 days of filing the complaint, in accordance with Federal Rule of Civil Procedure 4. See Dkt. 6; Dkt. 8, at 1.

         Therefore the undersigned recommends that the District Court grant plaintiff's motion for a default judgment against defendant in the amount of $ 48, 333.06.

         Pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b), the parties shall have fourteen (14) days from service of this Report to file written objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those objections for purposes of de novo review by the district judge. See 28 U.S.C. ยง 636(b)(1)(C). Accommodating the time limit imposed by Fed.R.Civ.P. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.