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Synnex Corporation v. Compu-Craze, Inc.

United States District Court, N.D. California, San Jose Division
Dec 19, 2005
No. C-05-02594 RMW, [Re Docket No. 15] (N.D. Cal. Dec. 19, 2005)

Opinion

No. C-05-02594 RMW, [Re Docket No. 15].

December 19, 2005

Jeffrey Michael Galen, Glenn D. Davis, Counsel for Plaintiff.


ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT BY COURT


Plaintiff Synnex Corporation moves for entry of a default judgment against defendant Compu-Craze, Inc. For the reasons given below, the court will grant the motion.

On June 24, 2005, Synnex filed a complaint in this court against Compu-Craze. Over the prior decade, Synnex had apparently been selling computer hardware to Compu-Craze, but Compu-Craze had recently defaulted on its payment obligations. Compl. ¶¶ 4-9. Synnex stated that Compu-Craze had not paid for $524,171.76 worth of merchandise, id. ¶ 9, and prayed for relief in this amount, as well as interest, attorneys' fees, and costs, id. at 5.

Synnex filed with the court a certificate of service upon Compu-Craze on September 9, 2005. Compu-Craze did not answer the complaint or file any responsive pleading, and on November 9, 2005, the court clerk entered Compu-Craze's default. Synnex now moves for entry of a default judgment against Compu-Craze in the amount of $551,709.05.

In addition to the $524,171.76 principal amount, Synnex seeks $27,142.29 in interest and $395 in costs. Synnex has submitted adequate documentation — including invoices with the serial numbers of products shipped — for the court to accept that the parties had a commercial relationship. The court is uncertain, though, how Synnex arrived at the figure $524,171.76. The statement of account that Synnex included with its motion lists a "total" amount of $530,024.03, and a "total past due" amount of $520,067.18. Mot. for Default J. by Ct., Ex. 3 at 1. As the court cannot determine the basis for Synnex's request for $524,171.76, the court will award Synnex the slightly lower "total past due" amount of $520,067.18. The court will also award Synnex 189 days' worth of 10 percent simple annual interest on this amount, or $26,911.07. The court accepts Synnex's proof of court costs.

Synnex computes the interest figure as follows: First, dividing one-tenth of the principal amount by 365, which, rounded to the nearest cent, indicates Compu-Craze owes Synnex $143.61 in simple 10 percent annual interest per day. Synnex calculates that there are 189 days between May 6, 2005, (the alleged date of Compu-Craze's default on its obligation to pay Synnex) and November 11, 2005, (the date the court clerk entered Compu-Craze's default in this action). $143.61 × 189 = $27,142.29.

ORDER

For the foregoing reasons, the court grants Synnex a default judgment against Compu-Craze pursuant to Fed.R.Civ.P. 55(b)(2) and awards damages to Fujitsu as follows:

1. Unpaid amounts $520,067.18 2. Prejudgment interest at 10% per annum $26,911.07 3. Court costs $395.00 _____________________________________________________ TOTAL $547,373.25


Summaries of

Synnex Corporation v. Compu-Craze, Inc.

United States District Court, N.D. California, San Jose Division
Dec 19, 2005
No. C-05-02594 RMW, [Re Docket No. 15] (N.D. Cal. Dec. 19, 2005)
Case details for

Synnex Corporation v. Compu-Craze, Inc.

Case Details

Full title:SYNNEX CORPORATION., a Delaware Corporation, Plaintiff, v. COMPU-CRAZE…

Court:United States District Court, N.D. California, San Jose Division

Date published: Dec 19, 2005

Citations

No. C-05-02594 RMW, [Re Docket No. 15] (N.D. Cal. Dec. 19, 2005)