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SYNNEX CORPORATION v. COMPU-CRAZE

United States District Court, N.D. California, San Jose Division


December 19, 2005.

SYNNEX CORPORATION., a Delaware Corporation, Plaintiff,
v.
COMPU-CRAZE, INC., a New York Corporation; and DOES 1 to 50 inclusive, Defendants.

The opinion of the court was delivered by: RONALD WHYTE, District Judge

ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT BY COURT

Plaintiff Synnex Corporation moves for entry of a default judgment against defendant Compu-Craze, Inc. For the reasons given below, the court will grant the motion.

On June 24, 2005, Synnex filed a complaint in this court against Compu-Craze. Over the prior decade, Synnex had apparently been selling computer hardware to Compu-Craze, but Compu-Craze had recently defaulted on its payment obligations. Compl. ¶¶ 4-9. Synnex stated that Compu-Craze had not paid for $524,171.76 worth of merchandise, id. ¶ 9, and prayed for relief in this amount, as well as interest, attorneys' fees, and costs, id. at 5.

  Synnex filed with the court a certificate of service upon Compu-Craze on September 9, 2005. Compu-Craze did not answer the complaint or file any responsive pleading, and on November 9, 2005, the court clerk entered Compu-Craze's default. Synnex now moves for entry of a default judgment against Compu-Craze in the amount of $551,709.05.

  In addition to the $524,171.76 principal amount, Synnex seeks $27,142.29 in interest*fn1 and $395 in costs. Synnex has submitted adequate documentation — including invoices with the serial numbers of products shipped — for the court to accept that the parties had a commercial relationship. The court is uncertain, though, how Synnex arrived at the figure $524,171.76. The statement of account that Synnex included with its motion lists a "total" amount of $530,024.03, and a "total past due" amount of $520,067.18. Mot. for Default J. by Ct., Ex. 3 at 1. As the court cannot determine the basis for Synnex's request for $524,171.76, the court will award Synnex the slightly lower "total past due" amount of $520,067.18. The court will also award Synnex 189 days' worth of 10 percent simple annual interest on this amount, or $26,911.07. The court accepts Synnex's proof of court costs.

  ORDER

  For the foregoing reasons, the court grants Synnex a default judgment against Compu-Craze pursuant to Fed.R.Civ.P. 55(b)(2) and awards damages to Fujitsu as follows:

1. Unpaid amounts $520,067.18 2. Prejudgment interest at 10% per annum $26,911.07 3. Court costs $395.00 _____________________________________________________ TOTAL $547,373.25
20051219

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