Burton

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 SCOTT JOHNSON, Case No. 21-cv-00082-SI

Plaintiff,

JUDGMENT

v. Re: Dkt. No. 17 GARY C. BURTON, et al., Defendants.

12 Before the Court is plaintiff’s motion for entry of judgment pursuant to the parties’ February 26, 2021 settlement agreement. Dkt. No. 17. Plaintiff seeks $1,000 that defendants have failed to pay as well as $1,500 as “liquidated damages to file a motion to reopen the case.” Dkt. No. 17-2 at 3. Courts distinguish between liquidated damages, which are generally enforceable, and penalties, which are not. In re Late Fee and Over-Limit Fee Litigation, 741 F.3d 1022, 1026 (9th Cir. 2014). A liquidated damages provision is enforceable “if the damages flowing from the breach are likely to be difficult to ascertain or prove at the time of the agreement, and the liquidated sum represents a good faith effort by the parties to appraise the benefits of the bargain.” Id. And liquidated damages “are customarily…