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Wells Fargo Bank, National Association v. Paccar Financial Corp.

January 27, 2009

WELLS FARGO BANK, NATIONAL ASSOCIATION, PLAINTIFF,
v.
PACCAR FINANCIAL CORP., A WASHINGTON CORPORATION; AND SIDHU TRUCK LINE, INC., A CALIFORNIA CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER GRANTING PLAINTIFF WELLS FARGO'S MOTION FOR JUDGMENT IN INTERPLEADER AND AWARD OF ATTORNEYS' FEES AND ENTRY OF DEFAULT JUDGMENT

Pending before the court are Plaintiff Wells Fargo Bank, National Association's ("Wells Fargo") motion for discharge from liability and for an award of attorneys' fees and costs and motion for entry of default judgment in this interpleader action. Defendants PACCAR Financial Corp. ("PACCAR") and Sidhu Truck Line, Inc. ("Sidhu") have not filed any oppositions to Plaintiff's motions.

BACKGROUND

On February 28, 2008, Sidhu deposited check No. 00217398 in the amount of $6371.39 payable to Sidhu and PACCAR to Sidhu's account with Wells Fargo. The check was only endorsed by Sidhu and not PACCAR.

On April 23, 2008, PACCAR contacted Wells Fargo and demanded payment of the full amount of the check. Wells Fargo withdrew the proceeds of the check from Sidhu's account and delivered the funds in the amount of $6371.39 into the United States District Court Registry.

On June 26, 2008, Wells Fargo filed a complaint for interpleader against Defendants. On September 23, 2008, PACCAR answered the complaint. Sidhu did not answer the complaint.

On November 12, 2008, Wells Fargo filed a motion for entry of default against Sidhu with a corresponding proof of service.

On November 14, 2008, the clerk of the court entered a default entry as to Sidhu for failing to appear, plead, or answer Plaintiff's complaint within the time allowed under the Federal Rules of Civil Procedure.

On December 18, 2008, Plaintiff filed a motion for discharge from liability and for an award of attorneys' fees and costs and a motion for entry of default judgment. Defendants have not filed any oppositions to Plaintiff's motions.

On January 13, 2009, the court took the matter under submission pursuant to L.R. 78-230(h) and directed Plaintiff to provide evidence that $315.00 is a reasonable hourly rate in the Fresno legal community.

On January 19, 2009, Plaintiff and PACCAR filed a stipulation that all funds remaining in the custody of the clerk after the court exercises its discretion and awards attorneys' fees and after the clerk pays Plaintiff the sum, the remaining balance, if any, shall be payable to PACCAR.

On January 22, 2009, Plaintiff filed the declaration of attorney Tamara Lyles ("Ms. Lyles") in support of attorney Robert Fisher's ("Mr. Fisher") hourly rate of $315.00.

DISCUSSION

Discharge of ...


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