SKAZZI3 Capital Limited v. Pathway Genomics Corporation

I. BACKGROUND

Plaintiff originally brought this action to enforce an arbitral award obtained against 22 || Defendant in Europe. (Doc. No. at 1.) After the suit was filed, Defendant sought to 23 || resolve the case without judicial intervention. The party’s negotiations resulted in a good faith Settlement Agreement requiring Defendant to pay $482,913 00 by way of twelve (12) equal monthly installments of $40,242.75. Id. To secure the Plaintiff's ‘interest, a Stipulated Judgment was executed calling for entry of the judgment in the event the 27 || Defendant failed to cure any missed payment within seven days of its scheduled due date. at 1-2. Defendant defaulted and failed to cure on its second settlement payment. Td.

|| After numerous unsuccessful attempts to resolve Defendant's default, Plaintiff sought entry judgment in the amount of $482,913.00, less $40,242.75(amount paid), for a total of |/$442,670.25. Id. On October 25, Plaintiff filed a Motion for Clerks Judgment re Assignment Order 5. Restraining Order against Defendant. (Doc. No. 51 .) Thereafter, Plaintiff…