BMO Harris Bank, N.A. v. Greenway Transport, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BMO HARRIS BANK N.A., Case No. 2:19-cv-02436-DAD-JDP Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S MOTION FOR

v. DEFAULT JUDGMENT BE GRANTED GREENWAY TRANSPORT, INC., et al., ECF No. 37 Defendants. OBJECTIONS DUE WITHIN FOURTEEN

DAYS

16 Plaintiff commenced this breach of contract action, alleging that defendants breached six loan agreements under which plaintiff financed defendants’ purchase of certain tractors and trailers. Defendants have neither answered the complaint nor otherwise appeared. Plaintiff has filed a renewed motion for default judgment, which was before the court for hearing on July 28, 2022. I find that plaintiff is entitled to default judgment, but that plaintiff has not demonstrated entitlement to the requested fees and costs. Accordingly, I recommend that default judgment be entered against defendants and that plaintiff’s requests for attorneys’ fees and costs be denied 24 …