United States District Court, C.D. California
ORDER GRANTING PLAINTIFFS’ MOTION FOR DEFAULT
D. RIGHT, II UNITED STATES DISTRICT JUDGE.
Hutchinson Aerospace & Industry, Inc.
(“Hutchinson”) entered into an agreement to
purchase a hydraulic compression molding press
(“Hydraulic Press”) from Defendant Erie Mill
& Press Co. (“Erie”). Hutchinson tendered the
full progress payments to Erie, thereby fulfilling its
initial contractual obligations; however, Erie failed to
deliver the Hydraulic Press. Plaintiff filed this action to
recover the cost of the progress payments made. Erie failed
to respond in this action and Hutchinson now moves for
default judgment. For the reasons discussed below, the Court
GRANTS Hutchinsons’ Motion. (ECF No. 15.)
manufactures and supplies equipment for shock attenuation and
vibration. (Acker Decl. ¶ 2., ECF No. 15-2.) One of the
pieces of equipment used to manufacture such equipment is a
Hydraulic Press, which is manufactured by Erie.
(Id.) On November 22, 2013, Hutchinson’s
engineering manager contacted Erie to inquire as to the
production and acquisition of a Hydraulic Press.
(Id. ¶ 3.) On February 17, 2014, Hutchinson
issued a purchase order to Erie for one Hydraulic Press.
(Id.¶ 5.) The parties agreed that Hutchinson
would make partial progress payments to Erie and that the
Hydraulic Press would be delivered by Erie during the week of
July 1, 2014. (Id. ¶¶ 5-7.) The payments
made by Hutchinson totaled $85, 887.50. (Id. ¶
5.) To this day, Erie has failed to deliver the Hydraulic
Press. (Id. ¶ 9.)
March 11, 2016, Hutchinson filed this action to recover the
cost of the progress payments. (ECF No. 1.) John Nowak, the
President and CEO of Erie was served with the Complaint via
certified mail on March 24, 2016. (Turner Decl. ¶ 3, ECF
No. 15-3.) On April 27, 2016 Hutchinson requested an Entry of
Default against Erie. The Clerk entered Default on April 28,
2014. (ECF Nos. 11, 13.) Hutchinson moved for an Entry of
Default Judgment on June 13, 2016. That motion is now before
the Court for consideration.
Rule of Civil Procedure 55(b) authorizes a district court to
enter a default judgment after the Clerk enters a default
under Rule 55(a). Aldabe v. Aldabe, 616 F.2d 1089,
1092 (9th Cir. 1980). Upon entry of default, the
defendant’s liability generally is conclusively
established, and the well-pleaded factual allegations in the
complaint are accepted as true. Televideo Sys., Inc. v.
Heidenthal, 826 F.2d 915, 917- 19 (9th Cir. 1987) (per
curiam) (citing Geddes v. United Fin. Grp., 559 F.2d
557, 560 (9th Cir. 1977)).
exercising its discretion, a court must consider several
factors (the “Eitel Factors”),
including: (1) the possibility of prejudice to plaintiff; (2)
the merits of plaintiff’s substantive claim; (3) the
sufficiency of the complaint; (4) the sum of money at stake;
(5) the possibility of a dispute concerning material facts;
(6) whether the defendant’s default was due to
excusable neglect; and (7) the strong policy underlying the
Federal Rules of Civil Procedure favoring decisions on the
merits. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th
a court can enter a default judgment against a defendant, the
plaintiff must satisfy the procedural requirements set forth
in Federal Rules of Civil Procedure 54(c) and 55, as well as
Local Rule 55-1. Local Rule 55-1 requires that the movant
submit a declaration establishing: (1) when and against which
party the default was entered; (2) identification of the
pleading to which the default was entered; (3) whether the
defaulting party is a minor, incompetent person, or active
service member; and (4) that the defaulting party was
properly served with notice if required. Vogel v. Rite
Aid Corp., 992 F.Supp.2d 998, 1006 (C.D. Cal. 2014).
has satisfied these requirements. Hutchinson’s counsel
submitted a declaration establishing that: (1) an entry of
Default was entered by the Clerk against Erie on April 28,
2016 (Turner Decl. ¶ 7) and (2) Erie is not a minor,
incompetent person, or active service member. (Id.
¶ 9.) Hutchinson is not required to serve Erie with
notice because Erie has not yet appeared in the action.
Fed.R.Civ.P. 55(b)(2). Lastly, Hutchinson has complied with
Federal Rule of Civil Procedure 54(c) by requesting a remedy
not different in kind from that prayed for in the Complaint.
(Mot. for Default J., 8.) Hutchinson has thus complied with
the procedural prerequisites for an entry of a default