Donald C Bayer et al v. Cabot Investment Properties LLC et al

Filing 23

ORDER Re: Plaintiffs' Second Motion for Entry of Stipulated Default Judgment #19 by Judge Ronald S.W. Lew: Default judgment shall be entered against Defendants Cabot Investment Properties, LLC; Cabot Creekside Acquisition, LLC; and Carlton P. Cabot. The Court enters default judgment against Defendants as follows: 1. The Court GRANTS Plaintiffs' request for damages in the amount of $1,000,000, as Plaintiffs and Defendants stipulated in their Settlement Agreement, signed in June 2012. 2. The Court also GRANTS Plaintiffs request for pre-judgment and post-judgment interest, at the rate prescribed under 28 U.S.C. 1961. (jre)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 Donald C. Bayer,
individually and as Trustee
12 of The Bayer Family Trust,
as successor in interest to
13 31225 La Baya LLC; Cabot
Creekside 15, LLC,
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Plaintiffs,
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vs.
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On April 25, 2013, Plaintiffs Donald C. Bayer and

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Cabot Investment
18 Properties, LLC; Cabot
Creekside Acquisition LLC;
19 Carlton P. Cabot; Timothy
J. Kroll,
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Defendants.

CV 13-01652-RSWL (MLGx)
ORDER Re: Plaintiffs’
Second Motion for Entry
of Stipulated Default
Judgment [19]

24 Cabot Creekside 15, LLC (“Plaintiffs”) filed the
25 present Second Motion for Entry of Stipulated Default
26 Judgment against Defendants Cabot Investment
27 Properties, LLC; Cabot Creekside Acquisition, LLC; and
28 Carlton P. Cabot (“Defendants”) [19].
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The Court,

1 having reviewed all papers submitted pertaining to this
2 Motion, NOW FINDS AND RULES AS FOLLOWS:
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The Court hereby GRANTS Plaintiffs’ Second Motion

4 for Stipulated Default Judgment.

The Court finds that

5 Plaintiffs have satisfied all procedural requirements
6 necessary under Central District Local Rule 55-1 for
7 entry of default judgment.

Specifically, the Court

8 finds that the Clerk entered the default of Defendants
9 on April 29, 2013.

Defendants are not infants,

10 incompetent persons, or in military service or
11 otherwise exempted under the Soldiers’ and Sailors’
12 Civil Relief Act of 1940.

And finally, Defendants did

13 not appear in this Action.
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Further, the Court finds that the substantive

15 factors set forth in Eitel v. McCool, 782 F.2d 1470
16 (9th Cir. 1986), weigh in favor of granting default
17 judgment.
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THEREFORE, IT IS ORDERED that:

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Default judgment shall be entered against

20 Defendants Cabot Investment Properties, LLC; Cabot
21 Creekside Acquisition, LLC; and Carlton P. Cabot.

The

22 Court enters default judgment against Defendants as
23 follows:
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The Court GRANTS Plaintiffs’ request for damages in

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the amount of $1,000,000, as Plaintiffs and

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Defendants stipulated in their Settlement

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Agreement, signed in June 2012.

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The Court also GRANTS Plaintiffs’ request for pre2

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judgment and post-judgment interest, at the rate

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prescribed under 28 U.S.C. 1961.

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4 IT IS SO ORDERED.
5 Dated: June 21, 2013.
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HONORABLE RONALD S. W. LEW
U.S. District Court Judge

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