ACFC Delta Holdings, LLC v. Delta Waterways LLC

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ACFC DELTA HOLDINGS, LLC, Case No. 19-cv-00813-WHO

8 Plaintiff,

ORDER RE DEFAULT JUDGMENT

v. 9

10 DELTA WATERWAYS LLC, Defendant. 11

12 Plaintiff moves for default judgment on its claim for bad faith waste against Delta 13 Waterways, LLC (“Delta”). Dkt. Nos. 21, 27. In a related case, I granted default judgment in 14 plaintiff’s favor on its claim for against Coast West LLC and Cruiser Haven Inc, both of which 15 served as guarantors on the original promissory note executed between Delta and plaintiff. See 16 Dkt. No. 70, Case No. 18-cv-5845 (N.D. Cal.) (“ACFC I”). Delta was not a defendant in ACFC I. 17 LEGAL STANDARD 18 Pursuant to Federal Rule of Civil Procedure 55(b)(2), a district court may enter a final 19 judgment in a case following a defendant’s default. Whether to enter a judgment lies within the 20 court’s discretion. Bd. of Trustees of Laborers Health & Welfare Tr. Fund for N. California v. 21 Cazadores Constr., Inc., No. 17-cv-05242-WHO, 2018 WL 986020, at *2…