Basin Commerce, Inc. v. Celtic Marine Corporation
- Paul Magnuson
- 0:18-cv-02574
- U.S. District Court · District of Minnesota
- 3
In Basin Commerce v. Celtic Marine, Judge Magnuson granted Celtic default judgment for $94,094.64 and dismissed Basin’s case with prejudice for failure to prosecute.
Basin Commerce, Inc. was ordered to pay Celtic Marine Corporation $94,094.64, and Basin’s case was dismissed with prejudice for failure to prosecute.
What happened
Basin Commerce, Inc. and Celtic Marine Corporation disputed whether they had a contract for barge shipments. Basin asked the court to declare that no contract existed and that it owed Celtic nothing, while Celtic brought claims seeking payment.
Basin’s lawyers withdrew, and the court warned Basin that it had to retain new counsel to continue the case. Basin did not do so, failed to participate in discovery and hearings, and did not defend against Celtic’s claims. Celtic requested a money judgment for its claimed damages, fees, costs, and interest.
The court granted Celtic’s motion for default money judgment, ordered judgment of $94,094.64 against Basin, and dismissed the case with prejudice for failure to prosecute. Judge Paul A. Magnuson issued the order.
The detailed version
- Basin Commerce, Inc. v. Celtic Marine Corporation · No. 0:18-cv-02574
- Paul Magnuson
- Sept. 9, 2019
Background
Basin Commerce, Inc. sought a declaration that it had not entered into a contract with Celtic Marine Corporation for barges to transport distillers dry grain from Minnesota to Louisiana and that Basin owed Celtic nothing. Celtic asserted counterclaims for breach of contract and promissory estoppel or detrimental reliance, claiming that Basin owed nearly $50,000 in cancellation and other fees.
Basin apparently refused to participate in discovery. In May 2019, Basin’s attorneys moved to withdraw. Magistrate Judge Becky R. Thorson allowed the attorneys to withdraw after a hearing and warned Basin that a corporation cannot proceed without a lawyer. She ordered Basin to retain counsel by June 21, 2019, or risk dismissal for failure to prosecute. Basin did not retain counsel, did not prosecute its claims, ignored court orders, and failed to appear at hearings concerning its claims.
Default Judgment
Celtic moved for a default money judgment and dismissal. The court concluded that Basin was in default because it refused to obtain counsel and failed to defend against Celtic’s counterclaims. The court found that Basin’s conduct involved willful violations of court rules, contumacious conduct, or intentional delays, making default judgment appropriate.
The court found that Celtic had established its damages to a reasonable degree of certainty. Celtic sought $94,094.64, including claimed expenditures of $52,024, attorney’s fees of $25,450, costs of $3,951.87, contractual interest of $8,466.37, and prejudgment interest of $5,202.40. The court found Celtic entitled to the requested amount under Federal Rule of Civil Procedure 55(a).
Disposition
The court granted Celtic Marine Corporation’s Motion for Default Money Judgment. It directed the Clerk of Court to enter judgment for $94,094.64 in favor of Celtic and against Basin Commerce, Inc. The court also dismissed the matter with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.