Ford Motor Credit Company LLC v. Marco Ventures, Inc

Filing 57

ORDER DEFERRING RULING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT; AFFORDING PLAINTIFF LEAVE TO SUPPLEMENT MOTION; CONTINUING HEARING. No later than Thursday, May 20, 2010, plaintiff may file a supplemental memorandum and supplemental declaratio n(s). If defendants wish to file a response to any such supplemental showing, defendants' response shall be filed no later than Tuesday, June 1, 2010. The hearing on plaintiff's motion is continued from May 14, 2010 to June 11, 2010. Signed by Judge Maxine M. Chesney on May 4, 2010. (mmclc1, COURT STAFF) (Filed on 5/4/2010)

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Under the Local Rules of this District, defendants' opposition was due no later than April 23, 2010. See Civil L.R. 7-3(a) (providing "opposition to a motion must be served and filed not less than 21 days before the hearing date").
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

FORD MOTOR CREDIT COMPANY LLC, a Delaware Limited Liability Company, Plaintiff, v. MARCO VENTURES, INC., a California Corporation, dba FORD OF MARIN, Defendants. /

No. C-08-4906 MMC ORDER DEFERRING RULING ON PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT; AFFORDING PLAINTIFF LEAVE TO SUPPLEMENT MOTION; CONTINUING HEARING

Before the Court is plaintiff's Motion for Entry of Default Judgment, filed April 8, 2010 and noticed for hearing on May 14, 2010. Defendants have not filed a response.1 Having read and considered the motion, the Court rules as follows. Plaintiff seeks to recover from defendants the principal sums owed under two agreements, along with prejudgment interest, attorney's fees, costs, and additional sums identified as "charges" and "expenses." The evidence before the Court is sufficient to establish plaintiff's entitlement to recover principal in the amounts sought, specifically, $1,045,214,94, attorney's fees in the amount sought, specifically, $27,930.00, and costs in the amount sought, specifically, $2295.53. With respect to plaintiffs' asserted entitlement

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to charges and expenses, as well as to prejudgment interest, however, plaintiff's showing is deficient. First, to the extent plaintiff seeks an award corresponding to "charges & expenses" under the Wholesale Agreement (see Bascio Decl. ¶ 28), and to "other charges" under the Capital Loan (see id. ¶ 32), plaintiff fails to identify the nature of any such charge or expense, nor does plaintiff state why such charges and expenses are due under the respective agreements. Second, to the extent plaintiff seeks an award of prejudgment interest, plaintiff has not identified the rate(s) used by plaintiff in arriving at the sums requested, nor has plaintiff provided a declaration setting forth how such amounts were calculated under the respective agreements. In light of the above, the Court hereby DEFERS ruling on the motion and will afford plaintiff an opportunity to supplement its motion to address the above-noted deficiencies as follows: 1. No later than Thursday, May 20, 2010, plaintiff may file a supplemental memorandum and supplemental declaration(s) for the purpose of (a) identifying the nature of the claimed charges and expenses and explaining why they are due under the parties' agreement(s), and (b) identifying the applicable rate(s) of prejudgment interest and indicating how the amounts sought were calculated. 2. If defendants wish to file a response to any such supplemental showing, defendants' response shall be filed no later than Tuesday, June 1, 2010. 3. The hearing on plaintiff's motion is hereby CONTINUED from May 14, 2010 to June 11, 2010. IT IS SO ORDERED.

Dated: May 4, 2010

MAXINE M. CHESNEY United States District Judge 2