Lemman v. Foley

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE PETER LEMMAN, CASE NO. C20-0591-JCC Plaintiff, ORDER 11 v. BENJAMIN PATRICK FOLEY, PETER WILSON, DAVID STEINER, WENDY STEINER, Defendants.

16 This matter comes before the Court on Defendant and Cross-Claimant Benjamin Foley’s renewed motion for entry of default judgment against Defendant Peter Wilson (Dkt. No. 38).

18 Having thoroughly considered the motion and the relevant record, the Court FINDS as follows: 19 1. Defendant Wilson was properly served in this matter on or about July 10, 2020, (Dkt.

20 No.17); 21 2. The Clerk entered an order of default against Defendant Wilson on Defendant Foley’s 22 cross-claims on August 20, 2020, (Dkt. No. 26); 23 3. Defendant Wilson has failed to appear or otherwise defend in this action; and 24 4. The factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986) support 25 granting default judgment in Defendant Foley’s favor.

26 // Accordingly, the Court ORDERS as follows: 1. Defendant Foley’s renewed motion for default judgment against Defendant Wilson (Dkt.

3 No. 38) is GRANTED; 2. Defendant Wilson is ORDERED to pay Defendant Foley a total of $512,660.26, 5 consisting of: 6 a. $473,868.00 judgment; 7 b. $38,792.26 pre-judgment interest; 3. Post-judgment interest will accrue at the rate of 9% per annum.

10 DATED this 8th day of January 2021.

A John C. Coughenour 14 UNITED STATES DISTRICT JUDGE