Mercer Medical LLC v. LD Enterprises LLC

Opinion

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT AT SEATTLE 7

8 MERCER MEDICAL LLC, NO. 2:23-cv-00554-RSL 9 Plaintiff, ORDER GRANTING PLAINTIFF’S 10 vs. MOTION FOR DEFAULT 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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UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25