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Langston v. Farmworld Int'l Foods, Inc.

United States District Court, D. Oregon

December 15, 2014

JOHN LANGSTON and CATHERINE LANGSTON, Plaintiffs,
v.
FARMWORLD INTERNATIONAL FOODS, INC., fka Farmworld, Inc., and ROBERT L. FREEBORN, Defendants

For John Langston, Catherine Langston, Plaintiffs: Bethany L. Coleman-Fire, Christopher F. McCracken, LEAD ATTORNEYS, Davis Wright Tremaine, LLP, Portland, OR.

OPINION AND ORDER

Michael J. McShane, United States District Judge.

Plaintiffs John and Catherine Langston bring this action seeking to enforce a promissory note executed on January 1, 2011. This Court granted plaintiffs' Motion for Entry of Default, ECF No. 9, on November 12, 2014. Plaintiffs now seek a default judgment and attorney fees in the amount of $309, 264.81. Upon review, plaintiffs' motion, ECF No. 13, is GRANTED.

FRCP 55(b)(1) authorizes the district court clerk to enter a default judgment only if " the plaintiffs claim against a defendant is for a sum certain . . . against a defendant who has been defaulted for not appearing and who is neither a minor nor an incompetent person." To satisfy the sum certain requirement, plaintiffs must demonstrate that no doubt remains as to the amount to which they are entitled as a result of the defendants' default. Franchise Holding II, LLC. v. Huntington Rests. Group, Inc., 375 F.3d 922, 929 (9th Cir. 2004) (citation omitted). This Court, having reviewed plaintiffs' initial and subsequent declarations, finds that no doubt remains as to the amount to which plaintiffs' are entitled under the promissory note. See Decl. of Catherine Langston 2, ECF No. 14; Supplemental Decl. of Bethany Coleman-Fire 1-5, ECF No. 17-1. As explained in plaintiffs' declaration, " [t]he total unpaid balance, delinquency charges and prejudgment interest through November 14, 2014 [are] $303, 554.81." Supplemental Decl. of Bethany Coleman-Fire 2, ECF No. 17. Because this sum is certain and defendants otherwise meet the requirements of FRCP 55(b)(1), [1] the clerk " must enter judgment for that amount."

Plaintiffs also seek costs and attorney fees in the amount of $5, 710.00. Plaintiffs' declaration itemizing both provides a sufficient basis to apprise and award costs in the amount of $1, 090[2] and attorney fees in the amount of $4, 620. See id. at 4-7, ECF No. 17-1. Accordingly, plaintiffs are awarded default judgment in the amount of $309, 264.81.

IT IS SO ORDERED.


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