Xerox Corporation v. The Printing Press et al
Filing
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 5/9/12 RECOMMENDING that plaintiff's 11 motion for default judgment against defendants be granted in the amount of $142,253.03. Motion referred to Judge Lawrence K. Karlton. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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XEROX CORPORATION,
Plaintiff,
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No. CIV 12-164 LKK CKD
vs.
THE PRINTING PRESS, et al.,
Defendants.
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FINDINGS & RECOMMENDATIONS
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Presently before the court is plaintiff’s motion for default judgment. This matter
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is submitted without oral argument. The undersigned has fully considered the briefs and record
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in this case and, for the reasons stated below, will recommend that plaintiff’s motion for default
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judgment be granted.
In this action, plaintiff seeks damages for breach of contract, money due on an
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open book account, money due on an account stated, and replevin.1 Plaintiff’s claims arise out of
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lease agreements for printers/copiers. The record reflects that defendants were properly served
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with process on February 6, 2012 and default was entered on April 13, 2012. Plaintiff thereafter
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filed an application for default judgment. Plaintiff seeks an entry of default judgment in the
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The application for default judgment seeks only monetary damages. The claim for replevin
is not addressed in plaintiff’s briefing.
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amount of $142,253.03.
Entry of default effects an admission of all well-pleaded allegations of the
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complaint by the defaulted party. Geddes v. United Financial Group, 559 F.2d 557 (9th Cir.
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1977). The court finds the well pleaded allegations of the complaint state a claim for which
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relief can be granted. Anderson v. Air West, 542 F.2d 1090, 1093 (9th Cir. 1976). The
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application for default judgment and the exhibits and affidavits attached thereto also support the
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finding that plaintiff is entitled to the relief in the form of monetary damages requested in the
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prayer for default judgment, which does not differ in kind from the relief requested in the
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complaint. Henry v. Sneiders, 490 F.2d 315, 317 (9th Cir.), cert. denied, 419 U.S. 832 (1974).
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The amount sought is supported by the affidavits submitted in support of the motion for default
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judgment. Plaintiff also requests prejudgment interest, calculated under California law. Such
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calculation is proper in that plaintiff has alleged state law claims upon which judgment may be
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entered. See Oak Harbor Freight Lines, Inc. v. Sears Roebuck & Co., 513 F.3d 949, 961 (9th
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Cir. 2007). Prejudgment interest should therefore be awarded. Plaintiff is also entitled to
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attorneys fees under the lease agreements at issue here and the amount claimed is reasonable.
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There are no policy considerations which preclude the entry of default judgment of the type
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requested. See Eitel v. McCool, 782 F.2d 1470, 1471-1472 (9th Cir. 1986) (factors that may be
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considered by the court are possibility of prejudice to the plaintiff, merits of plaintiff’s
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substantive claim, sufficiency of the complaint, sum of money at stake in the action; possibility
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of a dispute concerning material facts; whether the default was due to excusable neglect, and
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strong policy underlying the Federal Rules of Civil Procedure favoring decisions on the merits).
For the foregoing reasons, IT IS HEREBY RECOMMENDED that plaintiff’s
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motion for default judgment (dkt. no. 11) against defendants be granted in the amount of
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$142,253.03.
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These findings and recommendations are submitted to the United States District
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Judge assigned to this action, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within
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fourteen days after being served with these findings and recommendations, any party may file
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written objections with the court and serve a copy on all parties. Such a document should be
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captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the
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objections shall be served and filed within seven days after service of the objections. The parties
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are advised that failure to file objections within the specified time may waive the right to appeal
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the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Dated: May 9, 2012
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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