G3 Enterprises, Inc. v. Fortress Nutrition, LLC

I. BACKGROUND

22 Plaintiff filed this action against Defendant Fortress Nutrition, LLC on November 30, 23 2022, alleging subject matter jurisdiction based on the parties’ diversity of citizenship. (ECF No. 1). The complaint asserts that Defendant breached a repayment agreement and brings three causes 25 26 1 The motion has been referred to the undersigned pursuant to 28 U.S.C. § 636 and Local Rule 302(c)(19). A motion for default judgment is considered a dispositive matter that requires the issuance of findings and recommendations. See Livingston v. Art.com, Inc., No. 3:13-CV-03748-CRB, 2015 WL 4307808, at *2 (N.D. Cal. July 15, 2015). of action: (1) breach of contract; (2) open book account; and (3) account stated. After Defendant failed to appear and respond to the complaint, Plaintiff obtained a clerk’s entry of default. (ECF No. 9). On February 22, 2023, Plaintiff moved for default judgment under Federal Rule of Civil Procedure 55(b)(2), seeking a total of $173,561.18. (ECF No. 11). In support of the motion, Plaintiff has provided the declarations of its counsel and its Vice President 5 of Accounting, Tax & Treasury. (ECF Nos. 13, 14). On…