ING Bank, NV v. Express Pacific, LLC
Filing
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ORDER granting Plaintiff's 10 Motion for Default Judgment. Default judgment is entered in favor of Plaintiff ING Bank, N.V. against Defendant Express Pacific, LLC. Plaintiff is AWARDED $2,103,750.00 plus interest at the rate of 4.5% per annum calculated from October 3, 2014. Signed by U.S. District Judge John C Coughenour. (PM)
THE HONORABLE JOHN C. COUGHENOUR
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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ING BANK, N.V.,
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Plaintiff,
ORDER
v.
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CASE NO. C17-0336-JCC
EXPRESS PACIFIC, LLC,
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Defendant.
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This matter comes before the Court on Plaintiff ING Bank’s motion for default judgment
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(Dkt. No. 10). Defendant Express Pacific was properly served in this matter on March 8, 2017.
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(Dkt. No. 4; Dkt. No. 6 at 1–2.) Defendant has not voluntarily appeared in this action, and the
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Clerk has entered an order of default. (Dkt. No. 7.)
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“At the default judgment stage, the court presumes all well-pleaded factual allegations
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related to liability are true.” Curtis v. Illumination Arts, Inc., 33 F. Supp. 3d 1200, 1211 (W.D.
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Wash. 2014); see TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917-18 (9th Cir. 1987).
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However, factual allegations relating to the amount of damages are not taken as true. Curtis, 33
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F. Supp. 3d at 1211. A “plaintiff is required to prove all damages sought in the complaint, and
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the court must ensure that the amount of damages is reasonable and demonstrated by the
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evidence.” Id.
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Plaintiff is seeking confirmation and entry of an international arbitration award. (Dkt .No.
ORDER
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1 at 1.) Plaintiff’s complaint alleges that following an arbitration proceeding in London, England,
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the arbitrator ordered Defendant Express Pacific to pay Plaintiff $2,100,000.00, plus a delayed
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payment administration fee of $3,750.00, plus interest at the rate of 4.5% per annum as of
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October 3, 2014. (Dkt. No. 1 at 3.)
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Taking these allegations as true, the Court finds that they are sufficient to establish
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liability. Further, Plaintiff has provided evidence to support the amount of damages. (Dkt. No.
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13.)
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It is hereby ORDERED that:
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1. Plaintiff’s motion for default judgment (Dkt. No. 10) is GRANTED.
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2. Default judgment is entered in favor of Plaintiff ING Bank, N.V. against Defendant
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Express Pacific, LLC.
3. Plaintiff is AWARDED $2,103,750.00 plus interest at the rate of 4.5% per annum
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calculated from October 3, 2014.
The Clerk is DIRECTED to close this case.
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DATED this 15th day of June, 2017.
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John C. Coughenour
UNITED STATES DISTRICT JUDGE
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ORDER
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