Summary
A United States Magistrate Judge recommends granting plaintiffs’ motion for default judgment under Federal Rule of Civil Procedure 55(b)(2) against three corporate defendants that failed to appear. The recommendation concludes that the Eitel factors favor default judgment and recommends compensatory damages of $126,994.02, while noting that statutory damages, prejudgment interest, attorney fees, and costs had not yet been established.
Holdings
- The Eitel factors favored entry of default judgment against Left Coast Financial Solutions, Inc., Left Coast FS Holdings, Inc., and Left Coast FS Rancheria, Inc.
- The complaint sufficiently pleaded an actual controversy and valid claims on which plaintiffs could recover against the defaulted defendants.
- The recommendation supported an award of $126,994.02 in compensatory damages, but statutory damages, prejudgment interest, attorney fees, and costs had not yet been established.
Questions Presented
- Whether the Eitel factors supported entry of default judgment against the three defendants who were served but failed to appear or defend.
- Whether plaintiffs had sufficiently pleaded claims on which they could recover for purposes of default judgment.
- Whether compensatory damages of $126,994.02 should be awarded and whether statutory damages, prejudgment interest, attorney fees, and costs had been established.
Disposition
other
Cases Cited (3)
- Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986)(followed)
- Contractors Bonding & Ins. Co. v. Radian Constr. Corp., 2021 WL 5927682, *2 (D. Or. Nov. 29, 2021), adopted by 2021 WL 5925962 (D. Or. Dec. 15, 2021)(followed)
- Danning v. Lavine, 572 F.2d 1386, 1388 (9th Cir. 1978)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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