Trabocca B.V. v. Growers Direct Coffee Company, Inc. et al

Filing 25

Findings of Fact, Conclusion of Law and ORDER by Judge 9/30/09 granting 16 Motion for Default Judgment. (be, COURT STAFF) (Filed on 9/30/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STOEL R I V E S L L P
ATTO RNEY S AT LAW POR TLA ND

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Trabocca B.V., Plaintiff, v. Growers Direct Coffee Company, Inc., and Uncommon Grounds, Inc., Defendants.

Case No. CV 08 5588 (JL) CRB

FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER GRANTING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT

The above-captioned matter came on before the undersigned Judge of District Court on Plaintiff Trabocca B.V.'s motion for entry of default judgment against Defendant Uncommon Grounds, Inc., only. All proceedings against Defendant Growers Direct are stayed by virtue of its bankruptcy filing in the United States District Court for the District of Nevada. FINDINGS OF FACT 1. Uncommon Grounds was served with the complaint on December 16, 2008,

evidenced by the proof s of service of summons on file with this Court, filed December 18, 2008 at Docket numbers 4 and 5. 2. Despite two extensions of time to respond to the Complaint, Uncommon has to

date not responded to the Complaint, and default was entered by the Clerk of Court on February 19, 2009 (Docket No. 12). 3. goods: Contract No. SBO800107 SBO800108 SBO800109 Uncommon contracted for, and agreed to purchase from Trabocca the following Date April 29, 2008 April 29, 2008 April 29, 2008 Quantity 36,000 kgs. 36,000 kgs. 36,000 kgs. Unit Price $2.62/lb $2.62/lb. $2.62/lb. Invoice Amt. Terms $207,940.01 CIF Oakland $207,940.01 CIF Oakland $207,940.01 CIF Oakland

-1 Seattle-3532818.1 0031587-00001

MOTION FOR DEFAULT JUDGMENT AGAINST UNCOMMON GROUNDS, INC. CV 08 5588 (JL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STOEL R I V E S L L P
ATTO RNEY S AT LAW SACRA M E NT O

SBO800110 SBO800111 SBO800121 SBO800201 SBO800239 TOTAL

April 29, 2008 June 28, 2008 April 29, 2008 July 14, 2008 July 14, 2008

36,000 kgs. 18,000 kgs. 18,000 kgs. 18,000 kgs. 18,000 kgs. 234,000 kgs.

$2.62/lb $2.47/lb. $2.40/lb. $2.25/lb. 1.72/lb.

$207,940.01 $98,017.52 $95,239.70 $89,287.22 $68,255.12 $1,182,559.60

CIF Oakland CIF New Jersey FOB Djibouti CIF New Jersey CIF USA main port

4.

Uncommon Grounds failed and refused to take delivery of the coffee specified by

the contracts, and failed and refused to pay the contracted for sums. 5. Trabocca has made efforts to sell the container loads of coffee it specifically

sourced for Defendants, in order to minimize its damages. 6. At the commencement of this action, Plaintiff sought damages as to Uncommon

Grounds in the amount of $1,182,559.60 plus container demurrage costs, storage costs, shipping and handling costs, interest, and legal fees. 7. As a result of Plaintiff's efforts to resell the coffee, Plaintiff has managed to reduce

its damages as follows: a. As to contract no. SBO800108, Plaintiff has suffered damages in the amount of

$16,257.84, exclusive of legal fees and costs. b. As to contract no. SBO800109, Plaintiff has suffered damages in the amount of

$13,883.97, exclusive of legal fees and costs. c. As to contract no. SBO800110, Plaintiff has suffered damages in the amount of

$2,742.01, exclusive of legal fees and costs. d. As to contract no. SBO800111, Plaintiff has suffered damages in the amount of

$3,532.87, exclusive of legal fees and costs. e. As to contract no. SBO800121, Plaintiff has suffered damages in the amount of

$15,465.83, exclusive of legal fees and costs. f. and costs. As to contract no. SBO800201 are accordingly $4,750.01, exclusive of legal fees

-2 Seattle-3532818.1 0031587-00001

REQUEST FOR ENTRY OF DEFAULT CV 08 5588 (JL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STOEL R I V E S L L P
ATTO RNEY S AT LAW SACRA M E NT O

g.

As to contract no. SBO800239, Plaintiff has suffered damages in the amount of

$86,131.01, exclusive of legal fees and costs, plus $33.66 for each day between June 24, 2009, and entry of judgment. h. Plaintiff has incurred reasonable legal fees in the amount of $12,764.85, which it is

entitled to recover pursuant to the terms of its contracts with Uncommon Grounds. i. Plaintiff's total damages are accordingly $168,891.42, inclusive of container

demurrage costs, storage costs, warehouse handling, shipping and handling costs, interest, and legal fees, plus $33.66 for each day between June 24, 2009, and entry of judgment. CONCLUSIONS OF LAW 1. Uncommon Grounds, Inc., contracted for the purchase of the goods set forth in

Finding of Fact 3 above. 2. 3. Uncommon Grounds, Inc., has defaulted on its contracts with Trabocca B.V. Trabocca B.V. has suffered damages as the direct and proximate result of

Uncommon Grounds' default, in the amount of $168,891.42, inclusive of container demurrage costs, storage costs, warehouse handling, shipping and handling costs, interest, and legal fees. 4. Trabocca B.V. is entitled to entry of judgment in the amount of $168,891.42,

inclusive of container demurrage costs, storage costs, warehouse handling, shipping and handling costs, interest, and legal fees, plus $33.66 for each day between June 24, 2009, and entry of judgment. ORDER 1. 2. Plaintiff Trabocca B.V.'s motion for entry of judgment is GRANTED. The Clerk of Court shall enter judgment in favor of Trabocca B.V. and against

Uncommon Grounds, Inc., in the amount of $168,891.42, plus $33.66 for each day between June 24, 2009, and entry of judgment. The total is therefore $172, 190.10 (CRB). THERE BEING NO REASON FOR DELAY, LET JUDGMENT BE ENTERED IMMEDIATELY, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b).

-3 Seattle-3532818.1 0031587-00001

REQUEST FOR ENTRY OF DEFAULT CV 08 5588 (JL)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STOEL R I V E S L L P
ATTO RNEY S AT LAW SACRA M E NT O

Sept __ DATED: ____._30 __, 2009

BY THE COURT

UNITED STATES DISTRICT JUDGE

UNIT ED

S

S DISTRICT TE C TA

ER

N

F D IS T IC T O R

-4 Seattle-3532818.1 0031587-00001

REQUEST FOR ENTRY OF DEFAULT CV 08 5588 (JL)

A

C

LI

FO

har Judge C

les R. B

reyer

R NIA

O OR IT IS S

DERED

RT U O

NO

RT

H