Pacific Coast Maritime Inc v. East West Seafoods LLC

W.D. Washington

Pacific Coast Maritime Inc v. East West Seafoods LLC

District Court, W.D. Washington·Decided April 18, 2023·No. 3:23-cv-05011·Unknown

Opinion

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 PACIFIC COAST MARITIME, INC., et al., CASE NO. C23-5011-JCC Plaintiffs, ORDER v. EAST WEST SEAFOODS, LLC, et al., Defendants.

This matter comes before the Court on Plaintiffs’ motion for default judgment (Dkt. No. 24). The Court previously ordered default judgment be entered against in personam Defendant East West Seafoods, LLC. (See Dkt. Nos. 18, 19.) Plaintiff now seeks entry of default judgment against in rem Defendant F/V Pacific Producer, for which the Clerk previously issued a warrant for its arrest and previously entered default. (See Dkt. Nos. 15, 15-1, 23, 24.) “At the default judgment stage, the court presumes all well-pleaded factual allegations related to liability are true.” Curtis v. Illumination Arts, Inc., 33 F. Supp. 3d 1200, 1211 (W.D. Wash. 2014); see TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917–18 (9th Cir. 1987). However, factual allegations relating to damages are not taken as true. Curtis, 33 F. Supp. 3d at 1211. A “plaintiff is required to prove all damages sought in the complaint, and the court must ensure that the amount of damages is reasonable and demonstrated by the evidence.” Id. The Court has reviewed the record in this matter, along with Plaintiffs’ instant motion and the supporting declaration of Mark Krisher (including exhibits) (Dkt. Nos. 25, 25-1), and, on this basis, ORDERS as follows: 1. Plaintiffs’ motion for default judgment (Dkt. No. 24) is GRANTED. 2. Plaintiffs are awarded $94,800.63 in damages for repairs to the barge Iliuliuk Bay and related expenses,1 $19,762.95 in costs associated with the arrest and maintenance of F/V Pacific Producer, and $4,670.97 in prejudgment interest, for a total award against in rem Defendant F/V Pacific Producer of $119,234.55. 3. Post-judgment interest will accrue at 4.53% per annum from the date of judgment. DATED this 18th day of April 2023. A John C. Coughenour UNITED STATES DISTRICT JUDGE

1 Under general maritime law, Plaintiffs are entitled to pre and post-judgment interest. See Vance v. American Hawaii Cruises, Inc., 789 F.2d 790, 794–95 (9th Cir.1986).

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THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 PACIFIC COAST MARITIME, INC., et al., CASE NO. C23-5011-JCC Plaintiffs, ORDER v. EAST WEST SEAFOODS, LLC, et al., Defendants.

This matter comes before the Court on Plaintiffs’ motion for default judgment (Dkt. No. 24). The Court previously ordered default judgment be entered against in personam Defendant East West Seafoods, LLC. (See Dkt. Nos. 18, 19.) Plaintiff now seeks entry of default judgment against in rem Defendant F/V Pacific Producer, for which the Clerk previously issued a warrant for its arrest and previously entered default. (See Dkt. Nos. 15, 15-1, 23, 24.) “At the default judgment stage, the court presumes all well-pleaded factual allegations related to liability are true.” Curtis v. Illumination Arts, Inc., 33 F. Supp. 3d 1200, 1211 (W.D. Wash. 2014); see TeleVideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 917–18 (9th Cir. 1987). However, factual allegations relating to damages are not taken as true. Curtis, 33 F. Supp. 3d at 1211. A “plaintiff is required to prove all damages sought in the complaint, and the court must ensure that the amount of damages is reasonable and demonstrated by the evidence.” Id. The Court has reviewed the record in this matter, along with Plaintiffs’ instant motion and the supporting declaration of Mark Krisher (including exhibits) (Dkt. Nos. 25, 25-1), and, on this basis, ORDERS as follows: 1. Plaintiffs’ motion for default judgment (Dkt. No. 24) is GRANTED. 2. Plaintiffs are awarded $94,800.63 in damages for repairs to the barge Iliuliuk Bay and related expenses,1 $19,762.95 in costs associated with the arrest and maintenance of F/V Pacific Producer, and $4,670.97 in prejudgment interest, for a total award against in rem Defendant F/V Pacific Producer of $119,234.55. 3. Post-judgment interest will accrue at 4.53% per annum from the date of judgment. DATED this 18th day of April 2023. A John C. Coughenour UNITED STATES DISTRICT JUDGE

1 Under general maritime law, Plaintiffs are entitled to pre and post-judgment interest. See Vance v. American Hawaii Cruises, Inc., 789 F.2d 790, 794–95 (9th Cir.1986).

Pacific Coast Maritime Inc v. East West Seafoods LLC, (W.D. Wash. 2023).

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