Big O Tires, LLC v. BNS, Inc., et al.

Filing 34

ORDER AND JUDGMENT granting 33 Motion to Reopen Case entered by Judge Wiley Y. Daniel on 12/17/15. (rkeec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 09-cv-01363-WYD-MEH
BIG O TIRES, a Nevada limited liability company, f/k/a BIG O TIRES, INC., a Colorado
corporation,
Plaintiff,
v.
BNS, INC., a New Mexico corporation;
BRIAN K. HOTCHKISS; and
SARA L. HOTCHKISS,
Defendants.

ORDER AND JUDGMENT

THIS MATTER comes before the Court on Plaintiff's Motion to Reopen Case and
for Entry of Judgment by Confession. The Court having considered the Motion, the
appended documentary evidence, and the appended Affidavit in Support of Motion to
Reopen Case and for Entry of Judgment by Confession, no response having filed in
opposition to the Motion, and the Court being otherwise sufficiently advised in the
premises,
FINDS that the Court has jurisdiction of the subject matter of this proceeding and
personal jurisdiction over the parties hereto.
FURTHER FINDS that the Plaintiff's Motion to Reopen Case and for Entry of
Judgment by Confession is well taken, supported by good cause, and should be
granted. Accordingly, it is

ORDERED that Plaintiff's Motion to Reopen Case and for Entry of Judgment by
Confession filed October 21, 2015 is GRANTED. It is
FURTHER ORDERED that this case is reopened for entry of judgment to be
entered pursuant to the Court's previous Order [ECF No. 30]. It is
FURTHER ORDERED, ADJUDGED and DECREED that Plaintiff have and
recover judgment against the Defendants and each of them, jointly and severally, in the
principal sum of $124,505.85, plus interest from date of entry of judgment until paid.
Dated: December 17, 2015.
BY THE COURT:

/s/ Wiley Y. Daniel
WILEY Y. DANIEL,
SENIOR UNITED STATES DISTRICT JUDGE

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