Rexel, Inc. v. Hubzone Corp.

Filing 34

ORDER signed by District Judge John A. Mendez on 3/28/19 ADOPTING in full the Findings and Recommendations filed 3/13/19; GRANTING ACIC's application for default judgment on its breach of contract claim 24 ; AWARDING ACIC damages of $52 8,574.44, plus prejudgment interest at the rate of 10% per annum commencing: 4/11/16 for $59,290.00; 5/31/16, for $93,943.51; 8/10/16, for $2,725.00; 8/17/16, for $75,264.00; 11/14/16, for $61,490.85; 11/22/16, for $24,580.00; 3/16/17, for $27,320.50; and 12/20/17, for $183,960.58. DENYING ACIC's request for attorney's fees without prejudice to a motion brought under Local Rule 293; and DIRECTING the Clerk to enter judgment in ACIC's favor and against Hubzone, Charmiane Burnett, and Larry Lofton on ACICs breach of contract claim. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, for the
use and benefit of REXEL, INC., a
Delaware corporation, doing business as
PLATT ELECTRIC SUPPLY,

ORDER
Plaintiff,

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v.
HUBZONE CORP., a California
corporation, also known as HUBZONE
CORPORATION, and AMERICAN
CONTRACTORS INDEMNITY
COMPANY,
Defendants.

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AMERICAN CONTRACTORS
INDEMNITY COMPANY, a California
corporation,

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No. 2:16-cv-408-JAM-EFB

Cross-claimant,
v.
HUBZONE, CORP., a California
corporation doing business as HUBZONE
CORPORATION; CHARMIANE
BURNETT, an individual; and LARRY
DEON LOFTON, an individual,
Cross-defendants.

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Plaintiff’s motion for entry of default judgment was submitted on the papers by the

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magistrate judge on August 6, 2018. The matter was referred to a United States Magistrate Judge

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pursuant to Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1).

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On March 13, 2019, the magistrate judge filed findings and recommendations herein

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which contained notice to the parties that any objections to the findings and recommendations

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were to be filed within fourteen days. No objections were filed.

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The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The Findings and Recommendations filed March 13, 2019, are adopted in full;

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2. ACIC’s application for default judgment on its breach of contract claim (ECF No. 24)

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is granted;
3. ACIC is awarded damages in the amount of $528,574.44, plus prejudgment interest at
the rate of 10% per annum commencing:

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a. April 11, 2016 for $59,290.00;

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b. May 31, 2016, for $93,943.51;

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c. August 10, 2016, for $2,725.00;

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d. August 17, 2016, for $75,264.00;

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e. November 14, 2016, for $61,490.85;

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f. November 22, 2016, for $24,580.00;

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g. March 16, 2017, for $27,320.50; and

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h. December 20, 2017, for $183,960.58.

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4. ACIC’s request for attorney’s fees is denied without prejudice to a motion brought
under Local Rule 293; and
5. With the concurrent filing of the stipulation and order resolving all remaining claims in

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this action, the Clerk is directed to enter judgment in ACIC’s favor and against Hubzone,

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Charmiane Burnett, and Larry Lofton on ACIC’s breach of contract claim.

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DATED: March 28, 2019

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/s/ John A. Mendez_______________________

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UNITED STATES DISTRICT COURT JUDGE

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