ACFC Delta Holdings, LLC v. Delta Waterways LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ACFC DELTA HOLDINGS, LLC, Case No. 19-cv-00813-WHO

Plaintiff,

ORDER RE DEFAULT JUDGMENT

v.

DELTA WATERWAYS LLC, Defendant.

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