Opinion
Marc T. Cefalu, Max L. Kelley, COX, WOOTTON, LERNER, GRIFFIN, HANSEN & POULOS, LLP, San Francisco, CA, Attorneys for Plaintiff/Cross-Defendant/JS-6 Cross-Complainant, CATERPILLAR FINANCIAL SERVICES CORPORATION.
IN ADMIRALTY JUDGMENT
JOHN F. WALTER, District Judge.
The defendants FORUM NATIONAL INVESTMENTS, LTD. ("Forum National"), DANIEL CLOZZA ("Clozza"), and MARTIN TUTSCHEK ("Tutschek") (collectively "Defendants"), having failed to appear, plead or otherwise defend in this action, and defaults having been entered by the clerk against defendant Forum National on October 8, 2014, and against defendants Clozza and Tutschek on December 23, 2014, and counsel for plaintiff Case 2:13-cv-07384-JFW-JEM Document 74 Filed 04/15/15 Page 2 of 3 Page ID #:999 CATERPILLAR FINANCIAL SERVICES CORPORATION ("Caterpillar") having requested judgment against the defaulted Defendants and having filed a proper application and supporting declarations in accordance with Federal Rule of Civil Procedure 55 (a) and (b);
IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: JUDGMENT IS ENTERED in favor of plaintiff CATERPILLAR FINANCIAL SERVICES CORPORATION and against FORUM NATIONAL INVESTMENTS, LTD., DANIEL CLOZZA, and MARTIN TUTSCHEK, jointly and severally, in the amount of $5, 375, 237.23, as set forth more fully below:
1. Plaintiff Caterpillar is entitled to damages as alleged in the Verified Complaint on file herein for Breach of Contract and Preferred Ship Mortgage and for Foreclosure of the Preferred Ship Mortgage, and as set forth in its Application for Default Judgment by Court. Damages are awarded as follows:
A. Breach of Contract: Judgment against Defendants, and each of them jointly and severally, in the amount of $4, 472, 239.78 in unpaid principal, due and owing on the Mortgage and Security Agreement, plus $505, 114.71 in accrued interest.
B. Attorney Fees and Costs: Judgment for reasonable attorneys' fees in the amount of $103, 147.09 is awarded in favor of Plaintiff Caterpillar and against Defendants, and each of them jointly and severally. Said fees were provided for in the Mortgage and Security Agreement under which this action was brought. The amount stated above represents the amount of attorneys' fees allowed under Local Rule 55-3 based upon a recovery of $4, 977, 354.49 in principal and interest due and owing under the subject Mortgage and Security Agreement (exclusive of costs).
C. Custodia Legis Expenses: Plaintiff Caterpillar is entitled to a Case 2:13-cv-07384-JFW-JEM Document 74 Filed 04/15/15 Page 3 of 3 Page ID #:1000 judgment for custodia legis expenses in the amount of $294, 735.65 against Defendants, and each of them jointly and severally. Said costs include custodia legis fees from the date of arrest and detention of the Defendant Vessel from October 7, 2013, through July 8, 2014, by the duly appointed Substitute Custodian, and costs charged to Caterpillar by the U.S. Marshal for arresting and selling the Vessel, maintaining insurance, and publishing the notice of arrest.
D. Sum Total of Judgment: For good cause, judgment in the amount of $5, 375, 237.23 is entered in favor of Plaintiff Caterpillar and against Defendants, and each of them, jointly and severally. Interest to accrue at the legal rate on the judgment.
The Clerk of the Court is Ordered to enter this judgment forthwith.