Volume Services, Inc. v. Sweeny

Filing 16

OPINION AND ORDER ADOPTING RECOMMENDATION AND GRANTING DEFAULT JUDGMENT. The Court ADOPTS the 14 Recommendation in its entirety. The Plaintiffs 9 Motion for Default Judgment is GRANTED, and judgment by default in the amounts set forth above shall enter contemporaneously with this Order. The Plaintiffs 15 Motion to Expedite is DENIED AS MOOT, by Judge Marcia S. Krieger on 01/14/2010.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No.09-cv-01968-MSK-BNB VOLUME SERVICES, INC., Plaintiff, v. MIKE SWEENY, Defendant. ______________________________________________________________________________ OPINION AND ORDER ADOPTING RECOMMENDATION AND GRANTING DEFAULT JUDGMENT ______________________________________________________________________________ THIS MATTER comes before the Court pursuant to the December 3, 2009 Report and Recommendation (# 14) of United States Magistate Judge Boyd N. Boland that the Plaintiff's Motion for Default Judgment (# 9) be granted in part and denied in part.1 Specifically, Magistrate Judge Boland recommended that the Court enter a default judgment against the Defendant in the amount of $347,392.25, along with prejudgment interest in the amount of $38,531.93, plus costs. The Magistrate Judge recommended that the Court deny that portion of the Plaintiff's Motion for Default Judgment that sought treble damages and attorney's fees. More than 10 days have passed since the Magistrate Judge issued the Recommendation, and no party has filed Objections. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1). Where no party files objections to a recommendation, the Court applies whatever standard of review to that

The Plaintiff has recently filed a Motion to Expedite (# 15) in this matter. Becuase the Court now rules on the underlying matter, this motion is denied as moot.

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recommendation that it deems appropriate. Summers v. State of Utah, 927 F.2d 1165, 1167 (10th Cir.1991). This Court has reviewed the recommendation under the otherwise applicable de novo standard of Fed. R. Civ. P. 72(b). Upon de novo review, the Court reaches precisely the same conclusions as the Magistrate Judge and for precisely the same reasons. Accordingly, the Court ADOPTS the Recommendation (# 14) in its entirety. The Plaintiff's Motion for Default Judgment (# 9) is GRANTED, and judgment by default in the amounts set forth above shall enter contemporaneously with this Order. The Plaintiff's Motion to Expedite (# 15) is DENIED AS MOOT. Dated this 14th day of January, 2010 BY THE COURT:

Marcia S. Krieger United States District Judge