CHS Inc. v. Black Rock Ranch, LLC et al

Filing 20

ORDER Granting 14 Motion for Entry of Default Judgment Against Defendant; granting 18 Plaintiff's Motion for Attorney Fees and Costs. Signed by Judge Rosanna Malouf Peterson. (PL, Case Administrator) (Main Document 20 replaced on 3/6/2018 to correct typographical error) (PL, Case Administrator).

FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Mar 06, 2018
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SEAN F. MCAVOY, CLERK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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CHS, INC, a Minnesota cooperative,
NO: 2:17-CV-384-RMP
Plaintiff,

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ORDER GRANTING MOTION FOR
ENTRY OF DEFAULT JUDGMENT
AGAINST DEFENDANT

v.

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DAVID V. BLACK, an individual
and sole proprietor doing business as
Black Rock Ranch,

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Defendant.

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BEFORE THE COURT are Plaintiff CHS, Inc.’s motion for entry of default

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judgment, ECF No. 14, and motion for attorneys’ fees and costs, ECF No. 18.

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Defendant David V. Black did not respond to the pending motions and has not

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otherwise appeared in this action. Having reviewed Plaintiff’s motions, the

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supporting declarations and documents, and the remaining record, the Court finds

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adequate basis to enter default judgment against Defendant Mr. Black.

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In light of the District Court Clerk’s entry of an order of default in this
matter on January 26, 2018, ECF No. 13, this Court has the authority to enter a
ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT
AGAINST DEFENDANT ~ 1

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default judgment provided that Plaintiffs have demonstrated by sufficient evidence

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the amount of damages that they claim. Fed. R. Civ. P. 55; Eitel v. McCool, 782

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F.2d 1470, 1471–72 (9th Cir. 1986). The Court has considered the proposed

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default judgment, and the supporting declarations submitted by Plaintiff, ECF Nos.

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15 and 16, and concludes that entry of default judgment is appropriate in the

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amounts specified by Plaintiff.

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Furthermore, Plaintiff has submitted the “Commercial Application for

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Credit,” signed by Defendant, which provides for “reasonable attorney fees and

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court costs” incurred by Plaintiff in recovering Defendant’s debt, ECF No. 16-1,

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and Plaintiff has moved for entry of an award of attorney’s fees and costs, ECF No.

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18. Plaintiff submitted a signed declaration from its attorney detailing the fees and

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costs incurred in pursuing this matter through the beginning of February 2018,

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when the motion for default judgment was filed. ECF No. 18.

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Reasonable attorney’s fees generally are determined by the “lodestar”

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calculation method in which the Court first determines a reasonable fee by

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multiplying the “the number of hours reasonably expended on the litigation” by “a

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reasonable hourly rate,” Hensely v. Eckerhart, 461 U.S. 424, 433 (1983), and,

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second, determines whether the lodestar amount should be adjusted by any

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extenuating factor contemplated in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67,

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70 (9th Cir. 1975). Plaintiff’s request for attorney’s fees seeks the lodestar amount

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alone. The Court finds that the hourly rate and number of hours expended are
ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT
AGAINST DEFENDANT ~ 2

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reasonable in light of the many fee requests this Court has reviewed. Finally,

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Plaintiff’s requested legal expenses and costs are also specified in counsel’s

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declaration and appear consistent with necessary expenses to secure relief for

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Plaintiff in this action.

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Accordingly, IT IS HEREBY ORDERED:

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1. Plaintiff’s Motion for Entry of Default Judgment, ECF No. 14, is

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GRANTED.
2. Plaintiff’s Motion for Attorney Fees and Costs, ECF No. 18, is

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GRANTED.
3. Default judgment shall be entered in favor of Plaintiff CHS Inc. against

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Defendant David V. Black, an individual and sole proprietor doing

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business as Black Rock Ranch, as follows:

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a. In the principal sum of $142,217.42;

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b. Prejudgment interest on the principal sum at the rate of 18% per

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annum as follows:

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c. $6,592.65 from October 31, 2017, through February 2, 2018; and

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d. $2,179.30 ($70.13 per day from February 3, 2018, to the date of

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this Order).
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Plaintiff’s attorney fees, costs and disbursements shall be included in

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the judgment as follows:

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a.

$11,040.00 in attorney fees through February 2, 2018;

ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT
AGAINST DEFENDANT ~ 3

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b.

$65.04 in legal expenses through February 2, 2018; and

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c.

$616.57 in costs and disbursements through February 2, 2018.

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5.

Post-judgment interest shall be allowed as provided in 28 U.S.C.
§ 1961.

IT IS SO ORDERED. The District Court Clerk is directed to enter this
Order, enter judgment as directed, provide copies to counsel, and close this case.
DATED March 6, 2018.
s/ Rosanna Malouf Peterson
ROSANNA MALOUF PETERSON
United States District Judge

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ORDER GRANTING MOTION FOR ENTRY OF DEFAULT JUDGMENT
AGAINST DEFENDANT ~ 4