Hamilton Clark Sustainable Capital, Inc. v. American Biodiesel, Inc.

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 HAMILTON CLARK SUSTAINABLE Case No. 22-cv-05274-WHO

CAPITAL, INC.,

6 Plaintiff, ORDER GRANTING MOTION FOR DEFAULT JUDGMENT v. Re: Dkt. No.

AMERICAN BIODIESEL, INC.,

9 Defendant.

10 Plaintiff Hamilton Clark Sustainable Capital, Inc. (“Hamilton Clark”) moves for default judgment against defendant American Biodiesel, Inc., which does business as Community Fuels, in this breach of contract action arising from Community Fuels’ alleged failure to pay Hamilton Clark for the work it performed to secure the company’s sale. The motion is GRANTED, as I indicated at the January 4, 2023, hearing. See Dkt. No. 17. The jurisdictional and service requirements are satisfied, and the majority of the factors that courts consider when deciding whether to grant default judgment support doing so in this case. See Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). There is a risk of prejudice to Hamilton Clark without default…