Overseas Private Investment Corporation v. Casamar Holdings, Inc.
Filing
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ORDER Granting 13 Motion for Default Judgment. IT IS HEREBY ORDERED that Judgment be entered in favor of Plaintiff and against Defendant in the amount of $981,953.96, together with post judgment interest that will continue to accrue in the a mount of $209.55 per day, as agreed upon pursuant to the contract between the parties; and IT IS FURTHER ORDERED that Plaintiff is awarded attorneys fees and costs pursuant to the contract between the parties in the amount of $2,851.30. Signed by Judge Gloria M. Navarro on 11/30/11. (Copies have been distributed pursuant to the NEF - ASB)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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OVERSEAS PRIVATE INVESTMENT
CORPORATION,
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Plaintiff,
vs.
CASAMAR HOLDINGS, INC.,
Defendant.
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) Case No.: 2:11-cv-00208-GMN-PAL
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ORDER
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Before the Court is Plaintiff Overseas Private Investment Corporation’s (“OPIC”)
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Motion for Entry of Default Judgment Against Defendant Casamar Holdings, Inc. (Doc. No.
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13). Defendant Casamar Holdings, Inc. (“Casamar”) was served by Plaintiff with the
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Summons and Complaint on February 28, 2011, and Defendant Casamar has not filed an
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answer or made an appearance in this case. The Clerk’s Entry of Default was entered on
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May 3, 2011 as to Defendant Casamar.
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Plaintiff’s motion is made pursuant to Rule 55(b) of the Federal Rules of Civil
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Procedure. Plaintiff bears the burden of proving entitlement to the sum sought in its motion;
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whether to enter a judgment by default is a decision entrusted to the sound discretion of the
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district court. See Bender Shipbuilding & Repair Co., Inc., v. Vessel DRIVE OCEAN V, 123
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F.Supp 2d 1201, 1208 (S.D. Cal. 1998), aff’d, 221 F.3d 1348 (9th Cir. 2000).
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The Court has considered the following factors: (1) the possibility of prejudice to
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plaintiff, (2) the merits of plaintiff’s substantive claim, (3) the sufficiency of the complaint,
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(4) the sum of money at stake in the action; (5) the possibility of a dispute concerning the
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material facts; (6) whether defendant’s default was the product of excusable neglect, and
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(7) the strong public policy favoring decisions on the merits. See Eitel v. McCool, 782 F.2d
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1470, 1471 (9th Cir. 1986).
It appearing that a proper factual basis exists for the court’s award, the court will
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forego a hearing. Despite the strong public policy favoring decisions on the merits,
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Defendant Casamar’s default occurred after it failed to file an answer to the complaint.
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Defendant Casamar wholly failed to wage a defense. A review of Plaintiff’s motion plainly
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demonstrates that Plaintiff’s complaint is sufficient, the claims are likely meritorious and
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Plaintiff will suffer further prejudice without a judgment because Defendant Casamar will
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not pay the amount owed without a judgment. The sum at stake directly corresponds to the
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amount contemplated in the parties’ agreement and there is little possibility of a dispute
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concerning the material facts.
Accordingly, the Court exercises its discretion and hereby enters a default judgment
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in favor of Plaintiff Overseas Private Investment Corporation and against Casamar Holdings,
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Inc., as follows:
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IT IS HEREBY ORDERED that Judgment be entered in favor of Plaintiff and
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against Defendant in the amount of $981,953.96, together with post judgment interest that
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will continue to accrue in the amount of $209.55 per day, as agreed upon pursuant to the
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contract between the parties; and
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IT IS FURTHER ORDERED that Plaintiff is awarded attorney’s fees and costs
pursuant to the contract between the parties in the amount of $2,851.30.
DATED this 30th day of November, 2011.
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________________________________
Gloria M. Navarro
United States District Judge
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