Nidiffer et al v. Oasis Moving & Storage, Inc.

Filing 10

ORDER Granting 9 Motion for Default Judgment. The Clerk of Court is instructed to enter judgment in favor of Plaintiffs and against Defendant Oasis Moving & Storage, Inc. Signed by Judge Richard F. Boulware, II on 11/02/2015. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WILLIAM NIDIFFER and GEORGIA
NIDIFFER,
Plaintiffs,

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Case No. 2:14-cv-02012-RFB-GWF
ORDER

v.
OASIS MOVING & STORAGE, INC.,
Defendant.

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This case is before the Court on a Motion for Default Judgment filed by Plaintiffs

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William Nidiffer and Georgia Nidiffer on March 18, 2015. ECF No. 9. Defendant Oasis Moving

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& Storage, Inc. did not respond to the motion and has not appeared in this action despite being

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served with a copy of the Summons and Complaint on December 15, 2014. See ECF No. 5.

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Under Local Rule 7-2(d), “[t]he failure of an opposing party to file points and authorities

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in response to any motion shall constitute a consent to the granting of the motion.” Although

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there is a strong policy underlying the Federal Rules of Civil Procedure that favors deciding

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cases on their merits, the Court finds that Plaintiffs would be prejudiced in their ability to seek

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relief absent a default judgment against Oasis.

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Therefore, IT IS ORDERED that Plaintiffs’ Motion for Default Judgment (ECF No. 9)

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is GRANTED. The Clerk of Court is instructed to enter judgment in favor of Plaintiffs and

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against Defendant Oasis Moving & Storage, Inc. in the following amount:

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For actual damages of $69,140.00 pursuant to 49 U.S.C. § 14706(a)(1);

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For interest on the above amount accruing since December 15, 2014 at the rate of

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5.25% per annum until paid in full;

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For costs incurred by Plaintiffs of $444.50; and

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For attorney’s fees in the amount of $12,500.00 pursuant to 49 U.S.C. § 14708(d),

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plus interest accruing from the date of judgment at the statutory rate under

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Nevada law.

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DATED: November 2, 2015.
____________________________
________________
RICHARD F. BOULWARE, II
ARD F BOULWA
United States District Judge

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