United States of America v. International Fidelity Insurance Company et al

Filing 205

JUDGMENT by Judge Dale S. Fischer, in favor of Nasatka against Cesight Joint Venture, Everest Re-Insurance Company, Insight Environmental, Engineering and Construction, Inc., International Fidelity Insurance Company, North American Specialty Insuran ce Company in the principal amount of $444,899.65, interest in the amount of $37,422.84, attorneys fees of $609,199.05, costs of $27,819.04; Prejudgment Interest on Attorney's Fees and Costs: $1,133.05 for a total judgment of $1,120,473.63. (MD JS-6, Case Terminated). (SEE JUDGMENT FOR SPECIFICS). (jp)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

United States of America, for the
use and benefit of NASATKA
BARRIER, INCORPORATED
d/b/a NASATKA SECURITY,

CV 16-8064-DSF (AGR)
JUDGMENT

Plaintiff,
v.
INTERNATIONAL FIDELITY
INSURANCE COMPANY, et al.,
Defendants.

The Court having presided over a bench trial on claims brought by
Plaintiff United States of America, for the use and benefit of Nasatka
Barrier, Inc. d/b/a Nasatka Security (Nasatka) against Defendants
International Fidelity Insurance Company, CeSight Joint Venture
(CeSight), Insight Environmental, Engineering, and Construction, Inc.
(Insight), and Everest Re-Insurance Company (collectively Defendants),
counterclaims brought by CeSight and Insight against Nasatka, and a
third-party claim brought by Insight against Third Party Defendant
North American Specialty Insurance Company (NAS) and having
entered its FINDINGS OF FACT AND CONCLUSIONS OF LAW AS
TO PLAINTIFF’S CLAIMS (see Dkt. 187), FINDINGS OF FACT AND
CONCLUSIONS OF LAW AS TO DEFENDANTS’ COUNTERCLAIM,
THIRD PARTY CLAIM, AND AFFIRMATIVE DEFENSES (see Dkt.
188), and ORDER GRANTING PLAINTIFF’S AND THIRD PARTY
DEFENDANT’S MOTIONS FOR AWARD OF ATTORNEY’S FEES
AND COSTS (see Dkt. 200), now enters final judgment as follows:

IT IS ORDERED, ADJUDGED, AND DECREED that judgment is
entered in favor of Nasatka and against Defendants, jointly and
severally, on Nasatka’s Miller Act claim for the unpaid subcontract
balance and service calls, and against Insight and CeSight, jointly and
severally, on Nasatka’s breach of contract claim for the unpaid
subcontract balance and service calls, in the following amounts:
Principal Amount:
Prejudgment Interest on Principal Amount:
Attorney’s Fees:
Costs:
Prejudgment Interest on Attorney’s Fees and Costs
Total:

$444,899.65
$37,422.84
$609,199.05
$27,819.04
$1,133.05
$1,120,473.63

IT IS FURTHER ORDERED that post-judgment interest shall
accrue at the legal rate pursuant to 28 U.S.C. § 1961 from the date of
entry of judgment.
IT IS FURTHER ORDERED that Nasatka’s remaining claims be
dismissed with prejudice.
IT IS FURTHER ORDERED that Defendants shall recover
nothing.
IT IS FURTHER ORDERED that judgment is entered in favor of
Nasatka, and against InSight and CeSight on InSight and CeSight’s
counterclaim, and that Insight and CeSight shall recover nothing.
IT IS FURTHER ORDERED that judgment is entered in favor of
NAS and against Insight on Insight’s third-party claim in the following
amounts:
Attorney’s Fees:
Costs:
Prejudgment Interest on Attorney’s Fees and Costs
Total:

2

$54,157.50
$1,014.83
$98.04
$55,270.37

IT IS FURTHER ORDERED that post-judgment interest shall
accrue at the legal rate pursuant to 28 U.S.C. § 1961 from the date of
entry of judgment.

Date: February 19, 2020

___________________________
Dale S. Fischer
United States District Judge

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