Mercer Medical LLC v. LD Enterprises LLC

W.D. Washington

Mercer Medical LLC v. LD Enterprises LLC

DecidedJuly 5, 2023

Docket2:23-cv-00554

StatusUnknown

This text of Mercer Medical LLC v. LD Enterprises LLC (Mercer Medical LLC v. LD Enterprises LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mercer Medical LLC v. LD Enterprises LLC, (W.D. Wash. 2023).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7

8 MERCER MEDICAL LLC, NO. 2:23-cv-00554-RSL 9 Plaintiff, ORDER GRANTING PLAINTIFF’S 10 vs. MOTION FOR DEFAULT 11 JUDGMENT LD ENTERPRISES LLC, 12 Defendant. 13

14 This matter comes before the Court on Plaintiff’s motion for default judgment. Defendant 15 was served, (Dkt. # 7), but has not appeared, and the Clerk has entered default (Dkt. # 10). 16 “When entry of judgment is sought against a party who has failed to plead or otherwise 17 defend, a district court has an affirmative duty to look into its jurisdiction over both the subject 18 matter and the parties.” In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). Plaintiff presents evidence 19 that the parties are diverse, the amount in controversy exceeds $75,000, and the exercise of 20 personal jurisdiction over defendant is proper. 21 “At the default judgment stage, the court presumes all well-pleaded factual allegations 22 related to liability are true.” Curtis v. Illumination Arts, Inc., 33 F. Supp. 3d 1200, 1211 (W.D. 23 Wash. 2014); see TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917–18 (9th Cir. 1987). 24 However, factual allegations relating to damages are not taken as true. Curtis, 33 F. Supp. 3d at 25 1211. A “plaintiff is required to prove all damages sought in the complaint, and the court must 1 ensure that the amount of damages is reasonable and demonstrated by the evidence.” Id. Plaintiff 2 presents evidence supporting damages of $307,812.50. 3 Accordingly, it is hereby ORDERED that: 4 (1) Plaintiff’s Motion for Default Judgment is GRANTED; 5 (2) Plaintiff is awarded $307,812.50 in damages and prejudgment interest from 6 November 27, 2022, at the rate of 12% per annum, or $101.19 per diem; 7 (3) Plaintiff is awarded $482.00 in costs incurred in the proceeding; 8 (4) Post-judgment interest will accrue in accordance with 28 U.S.C. § 1961. 9 Dated this 5th day of July, 2023. 10

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13 ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7

8 MERCER MEDICAL LLC, NO. 2:23-cv-00554-RSL 9 Plaintiff, ORDER GRANTING PLAINTIFF’S 10 vs. MOTION FOR DEFAULT 11 JUDGMENT LD ENTERPRISES LLC, 12 Defendant. 13

14 This matter comes before the Court on Plaintiff’s motion for default judgment. Defendant 15 was served, (Dkt. # 7), but has not appeared, and the Clerk has entered default (Dkt. # 10). 16 “When entry of judgment is sought against a party who has failed to plead or otherwise 17 defend, a district court has an affirmative duty to look into its jurisdiction over both the subject 18 matter and the parties.” In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999). Plaintiff presents evidence 19 that the parties are diverse, the amount in controversy exceeds $75,000, and the exercise of 20 personal jurisdiction over defendant is proper. 21 “At the default judgment stage, the court presumes all well-pleaded factual allegations 22 related to liability are true.” Curtis v. Illumination Arts, Inc., 33 F. Supp. 3d 1200, 1211 (W.D. 23 Wash. 2014); see TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917–18 (9th Cir. 1987). 24 However, factual allegations relating to damages are not taken as true. Curtis, 33 F. Supp. 3d at 25 1211. A “plaintiff is required to prove all damages sought in the complaint, and the court must 1 ensure that the amount of damages is reasonable and demonstrated by the evidence.” Id. Plaintiff 2 presents evidence supporting damages of $307,812.50. 3 Accordingly, it is hereby ORDERED that: 4 (1) Plaintiff’s Motion for Default Judgment is GRANTED; 5 (2) Plaintiff is awarded $307,812.50 in damages and prejudgment interest from 6 November 27, 2022, at the rate of 12% per annum, or $101.19 per diem; 7 (3) Plaintiff is awarded $482.00 in costs incurred in the proceeding; 8 (4) Post-judgment interest will accrue in accordance with 28 U.S.C. § 1961. 9 Dated this 5th day of July, 2023. 10

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13 ROBERT S. LASNIK UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25

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Mercer Medical LLC v. LD Enterprises LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercer-medical-llc-v-ld-enterprises-llc-wawd-2023.

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