Abbate Family Farms Limited Partnership v. P.Y. Produce, LLC et al

Filing 25

ORDER by Judge Hamilton granting 19 Motion for Default Judgment; adopting 21 Report and Recommendations as to Motion for Default Judgment. (pjhlc1, COURT STAFF) (Filed on 1/23/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ABBATE FAMILY FARMS LIMITED
PARTNERSHIP,

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Plaintiff,

No. C 11-0319 PJH

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v.
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P.Y. PRODUCE, LLC, et al.,
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Defendants.
_____________________________/

ORDER ADOPTING MAGISTRATE
JUDGE'S REPORT AND
RECOMMENDATION; ORDER
GRANTING MOTION FOR DEFAULT
JUDGMENT

The court has reviewed Magistrate Judge Laporte’s Report and Recommendation

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regarding plaintiff Abbate Family Farms Limited Partnership’s motion for default judgment.

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Defendants P.Y. Produce, LLC, and Jose Gomez filed no objections to the report. The

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court finds the report correct, well-reasoned and thorough, and adopts it in every respect,

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the sole modification being to the date of accrual of post-judgment interest and method of

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calculation. Accordingly, plaintiff’s motion for default judgment is GRANTED.

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The court finds that plaintiff is entitled to damages in the amount of $57,627.95, plus

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accrued prejudgment interest in the amount of $13,550.84 (calculated at a rate of 1.5% per

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month, from September 1, 2010, to the date of judgment), plus $350 in costs, plus post-

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judgment interest (calculated at the legal rate, see 28 U.S.C. § 1961(a)) from the date of

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judgment.

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IT IS SO ORDERED.

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Dated: January 23, 2012

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_________________________
PHYLLIS J. HAMILTON
United States District Judge