Tax Services of America, Inc. v. Mitchell et al

Filing 182

ORDER For Judgment: Judgment SHALL ENTER on behalf of plaintiff, Tax Services of America, Inc., and against defendants, Linda Mitchell, Hamidou Diarra, and Kerry Dyles, jointly and severally. Tax Services of America, Inc., is AWARDED lost profits an d lost investment value damages against defendants Linda Mitchell, Hamidou Diarra, and Kerry Dyles. Plaintiff, Tax Services of America, Inc., is AWARDED attorney fees against defendants, Linda Mitchell and Kerry Dyles. That pursuant to 28 U.S.C. § 1961, plaintiff is AWARDED post-judgment interest from the date of this order until the judgment is fully paid by Judge Robert E. Blackburn on 02/24/2009. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 07-cv-00249-REB-KLM TAX SERVICES OF AMERICA, INC., Plaintiff, v. LINDA MITCHELL, HAMIDOU DIARRA, and KERRY DYLES, Defendants. ORDER FOR JUDGMENT Blackburn, J. This matter is before me sua sponte. I previously granted plaintiff's motion for summary judgment against defendants Mitchell and Diarra (see Order Granting Plaintiff's Motion for Summary Judgment [#164], filed July 21, 2008), and determined the appropriate amount of damages to which plaintiff is entitled as a result of these defendants' breaches of the various contracts to which they were parties (see Order Granting Plaintiff's Motions for Entry of Judgment [#181], filed February 24, 2009). I also granted plaintiff's motion for default judgment against defendant Dyles for dilatory conduct in discovery (see Order Adopting Recommendation of United States Magistrate Judge [#162], filed July 14, 2008), and subsequently approved and adopted the magistrate judge's recommendation that Dyles be held jointly and severally liable for damages and attorney's fees in this matter (see Order Adopting in Part Recommendation of United States Magistrate Judge [#180], filed February 24, 2009). These orders resolve all claims and issues currently pending in this case. Therefore, it is now appropriate to direct the entry of final judgment. THEREFORE, IT IS ORDERED as follows: 1. That judgment SHALL ENTER on behalf of plaintiff, Tax Services of America, Inc., and against defendants, Linda Mitchell, Hamidou Diarra, and Kerry Dyles, jointly and severally, pursuant to my Order Granting Plaintiff's Motion for Summary Judgment at10-12, 2 - 11[#164] entered July 21, 2008; 2. That plaintiff, Tax Services of America, Inc., is AWARDED lost profits and lost investment value damages in the principal amount of $239,292.00 against defendants Linda Mitchell, Hamidou Diarra, and Kerry Dyles, jointly and severally, pursuant to my Order Granting Plaintiff's Motion for Summary Judgment [#164] entered July 21, 2008, Order Granting Plaintiff's Motions for Entry of Judgment [#181] entered February 24 2009, and Order Adopting in Part Recommendation of United States Magistrate Judge [#180] entered February 24, 2009; 3. That plaintiff, Tax Services of America, Inc., is AWARDED attorney fees in the amount of $348,962.50 against defendants, Linda Mitchell and Kerry Dyles, jointly and severally, pursuant to my Order Granting Plaintiff's Motion for Summary Judgment [#164] entered July 21, 2008, and Order Adopting in Part Recommendation of United States Magistrate Judge [#180] entered February 24, 2009; 4. That plaintiff, Tax Services of America, Inc., is AWARDED $31,546.96 in expert witness fees and $9,758.08 in other costs and expenses against defendant, 2 Linda Mitchell, pursuant to my Order Granting Plaintiff's Motion for Summary Judgment [#164] entered July 21, 2008; and 5. That pursuant to 28 U.S.C. 1961, plaintiff is AWARDED post-judgment interest from the date of this order until the judgment is fully paid. Dated February 24, 2009, at Denver, Colorado. BY THE COURT: 3

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