Kensington Apartment Properties, LLC v. Loanvest IX, L.P. et al

Filing 80

ORDER granting 65 motion to set aside default and denying 53 motion for default judgment. Signed by Judge Vince Chhabria on 11/17/2021. (vclc1, COURT STAFF) (Filed on 11/18/2021)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KENSINGTON APARTMENT PROPERTIES, LLC, Plaintiff, v. Case No. 19-cv-05749-VC ORDER GRANTING MOTION TO SET ASIDE DEFAULT Re: Dkt. No. 65 LOANVEST IX, L.P., et al., Defendants. The defendants’ motion to set aside the default is conditionally granted. The plaintiff’s counsel has set forth a declaration accounting for attorney’s fees and costs the plaintiff incurred to pursue a default judgment and to respond to the defendant’s motion to set aside the default (Dkt. No. 75). Those fees and costs total $25,133, and they are reasonable. The plaintiff’s counsel further explained at the hearing to set aside the default that the plaintiff incurred an additional $1,800 in fees to review the defendants’ reply brief and to prepare for the hearing. This is also reasonable. District courts may “condition setting aside a default upon” a defendant’s reimbursement of attorney’s fees and costs. Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst v. Louisiana Hydrolec, 854 F.2d 1538, 1546–47 (9th Cir. 1988). As a result, the defendants’ motion to set aside the default is granted conditioned upon promptly reimbursing the plaintiff for its fees and costs totaling $26,933. The defendants must pay that amount no later than 12:00 p.m. on Tuesday, November 23, 2021. IT IS SO ORDERED. Dated: November 18, 2021 ______________________________________ VINCE CHHABRIA United States District Judge 2

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