McKesson Corporation v. New Iberia Rx Inc et al

Filing 30

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MCKESSON CORPORATION, Case No. 16-cv-00105-DMR Plaintiff, 8 v. 9 10 NEW IBERIA RX INC, et al., Defendants. Re: Dkt. No. 24 United States District Court Northern District of California 11 12 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 13 judgment. [Docket No. 24.] After reviewing the motion, the court requested supplemental 14 briefing, which the Plaintiff timely filed. [Docket No. 29 (Supp. Franco Decl.).] 15 In its June 10, 2016 order, the court specifically requested explanation or support for two 16 charges included in Plaintiff’s request for damages and listed as “ReturnedChk” on the 17 Defendants’ statements: a charge of $69,869.73 for New Iberia (Receivable # 1407295813) and 18 one of $17,806.49 for Zachary (Receivable #1407246442). Order [Docket No. 27.]; see also 19 Amen. Franco Decl. Exs. 2, 6 (Defs.’ Statements). 20 In response, Plaintiff submitted a declaration stating that it was authorized to initiate debit 21 entries from the Defendants’ respective accounts for bills owed to Plaintiff. Supp. Franco Decl. ¶ 22 6. Plaintiff also provided a redacted “Wells Fargo ACH Return/NOC Report,” generated January 23 23, 2015, showing that New Iberia had insufficient funds for a charge of $69,869.73 and Zachary 24 had insufficient funds for a charge of $17,806.49. Id. at ¶¶ 7-9; Ex. A. 25 The court seeks additional clarification regarding these two charges. First, Plaintiff has not 26 provided support showing that the Defendants owed Plaintiff these amounts. Specifically, based 27 on Plaintiff’s invoices for December 2014 and January 21, 2015, the amount owed by New Iberia 28 and Zachery at the time of the charges was less than the requested debits. Amen. Decl. Franco 1 [Docket No. 24-1], Exs. 2, 3 (New Iberia Invoices); Exs. 6, 7 (Zachary Invoices). 2 Further, from Plaintiff’s explanation, the court cannot determine whether the sums 3 requested under the two “ReturnedChk” charges overlap with amounts in the separately requested 4 invoices in Plaintiff’s request for damages. Amen. Franco Decl. Exs. 3, 7. Plaintiff must explain 5 that the “ReturnedChk” amounts owed to Plaintiff are not accounted for elsewhere in Plaintiff’s 6 request for damages. Plaintiff shall submit additional briefing by June 21, 2016 at 9:00 a.m. to address the 7 8 issues raised above. Any opposition or statement of non-opposition is due no later than June 27, 9 2016. 10 United States District Court Northern District of California 11 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. 12 13 14 15 16 IT IS SO ORDERED. Dated: June 16, 2016 ______________________________________ Donna M. Ryu United States Magistrate Judge 17 18 19 20 21 22 23 24 25 26 27 28 2

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