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Synnex Corporation v. Compu-Craze, Inc.

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Dec 19, 2005
C-05-02594 RMW (N.D. Cal. Dec. 19, 2005)

Opinion

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


          ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT BY COURT

          RONALD WHYTE, District Judge.

         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, Ninth Circuit, California, N.D. California, San Jose Division
Dec 19, 2005
C-05-02594 RMW (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, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Dec 19, 2005

Citations

C-05-02594 RMW (N.D. Cal. Dec. 19, 2005)