McKesson Corporation v. New Iberia Rx Inc et al
Filing
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ORDER to Submit Supplemental Briefing In Support of 24 Amended MOTION for Default Judgment by the Clerk as to Defendants New Iberia Rx, Inc. Dba Delaunes Pharmacy And Home Medical, Zachary Rx, Inc. Dba Carerx Express And Raphael Meche; filed by McKesson Corporation. Signed by Magistrate Judge Donna M. Ryu on 06/16/2016. (dmrlc3, COURT STAFF) (Filed on 6/16/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MCKESSON CORPORATION,
Case No. 16-cv-00105-DMR
Plaintiff,
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v.
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NEW IBERIA RX INC, et al.,
Defendants.
Re: Dkt. No. 24
United States District Court
Northern District of California
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ORDER TO SUBMIT SUPPLEMENTAL
BRIEFING IN SUPPORT OF
AMENDED MOTION FOR DEFAULT
JUDGMENT
On June 2, 2016, Plaintiff McKesson Corporation filed an amended motion for default
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judgment. [Docket No. 24.] After reviewing the motion, the court requested supplemental
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briefing, which the Plaintiff timely filed. [Docket No. 29 (Supp. Franco Decl.).]
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In its June 10, 2016 order, the court specifically requested explanation or support for two
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charges included in Plaintiff’s request for damages and listed as “ReturnedChk” on the
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Defendants’ statements: a charge of $69,869.73 for New Iberia (Receivable # 1407295813) and
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one of $17,806.49 for Zachary (Receivable #1407246442). Order [Docket No. 27.]; see also
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Amen. Franco Decl. Exs. 2, 6 (Defs.’ Statements).
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In response, Plaintiff submitted a declaration stating that it was authorized to initiate debit
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entries from the Defendants’ respective accounts for bills owed to Plaintiff. Supp. Franco Decl. ¶
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6. Plaintiff also provided a redacted “Wells Fargo ACH Return/NOC Report,” generated January
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23, 2015, showing that New Iberia had insufficient funds for a charge of $69,869.73 and Zachary
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had insufficient funds for a charge of $17,806.49. Id. at ¶¶ 7-9; Ex. A.
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The court seeks additional clarification regarding these two charges. First, Plaintiff has not
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provided support showing that the Defendants owed Plaintiff these amounts. Specifically, based
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on Plaintiff’s invoices for December 2014 and January 21, 2015, the amount owed by New Iberia
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and Zachery at the time of the charges was less than the requested debits. Amen. Decl. Franco
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[Docket No. 24-1], Exs. 2, 3 (New Iberia Invoices); Exs. 6, 7 (Zachary Invoices).
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Further, from Plaintiff’s explanation, the court cannot determine whether the sums
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requested under the two “ReturnedChk” charges overlap with amounts in the separately requested
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invoices in Plaintiff’s request for damages. Amen. Franco Decl. Exs. 3, 7. Plaintiff must explain
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that the “ReturnedChk” amounts owed to Plaintiff are not accounted for elsewhere in Plaintiff’s
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request for damages.
Plaintiff shall submit additional briefing by June 21, 2016 at 9:00 a.m. to address the
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issues raised above. Any opposition or statement of non-opposition is due no later than June 27,
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2016.
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United States District Court
Northern District of California
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Immediately upon receipt of this Order, Plaintiff shall serve Defendants with a copy
of this Order and file a proof of service with the court.
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IT IS SO ORDERED.
Dated: June 16, 2016
______________________________________
Donna M. Ryu
United States Magistrate Judge
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