Holcim (US) Inc. v. Limerock Materials, LLC et al

Filing 21

ORDER. The Plaintiffs Motion for the Clerks Entry of Default Judgment Pursuant to FED. R. CIV. P. 55(b)(1) 17 filed 5/31/2011, is GRANTED. Pursuant to Fed. R. Civ. P. 55(b)(1), DEFAULT JUDGMENT SHALL ENTER in favor of the plaintiff, Holcim (US) I nc., a Delaware corporation, against the defendants, Limerock Materials, LLC, a Nevada limited liability company d/b/a CWW West, and Michael P. Vahl, jointly and severally, on each of the plaintiffs claims against the defendants. The plaintiff is AWA RDED damages, interest, attorney fees, and costs. Post judgement interest SHALL ACCRUE at the contract rate of 1.5 percent per month. JUDGMENT SHALL ENTER as required by FED. R. CIV. P. 58(a). This case is CLOSED. By Judge Robert E. Blackburn on 7/28/2011.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Case No. 11-cv-00686-REB-CBS
HOLCIM (US) INC., a Delaware corporation,
Plaintiff,
v.
LIMEROCK MATERIALS, LLC, a Nevada limited liability company d/b/a CWW West; and
MICHAEL P. VAHL, an individual,
Defendants.

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT
Blackburn, J.
This matter is before the court on the Plaintiff’s Motion for the Clerk’s Entry of
Default Judgment Pursuant to FED. R. CIV. P. 55(b)(1) [#17]1 filed May 31, 2011. The
motion is granted.
I. JURISDICTION
I have jurisdiction over this case under 28 U.S.C. § 1332 (diversity).
II. STANDARD OF REVIEW
When a party against whom a judgment for affirmative relief is sought has failed to
plead or otherwise defend, the Clerk of the Court must enter the party’s default. FED. R.
CIV. P. 55(a). After default has entered, the party seeking relief against the defaulting
party may apply to the court for a default judgment, and, if the party seeking relief provides

1

“[#17]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

a proper basis for the entry of default judgment, the court may enter default judgment
against the defaulting party. FED. R. CIV. P. 55(b).
III. ANALYSIS
The clerk entered default [#11] against the defendants, Limerock Materials, LLC, a
Nevada limited liability company d/b/a CWW West, and Michael P. Vahl. Neither
defendant is a minor, an incompetent person, or in the military service. The plaintiff has
demonstrated by affidavit that it is entitled to judgment for a sum certain. Thus, the plaintiff
is entitled to default judgment against the defendants under Fed. R. Civ. P. 55(b)(1).
The plaintiff has established that it is entitled to judgment in the principal sum of
142,098.65 dollars. Further, the plaintiff has established that it is entitled to prejudgment
interest. Through May 31, 2011, accrued prejudgment interest totals 14,786.19 dollars.
Per diem interest has accrued thereafter at the rate of 70.08 dollars per day. From May
31, 2011, through July 27, 2011, an additional 3,924.48 dollars of prejudgment interest has
accrued. The total accrued prejudgment interest is 18,710.67 dollars. The plaintiff has
established that post-judgment interest accrues at the contract rate of 1.5 percent per
month from the date of the entry of judgment until the judgment is satisfied fully.
The plaintiff has established also that it is entitled to recover from the defendants all
costs, attorney fees, and expenses incurred by the plaintiff in collecting the amounts owed
to the plaintiff by the defendants. The plaintiff has shown that it incurred reasonable
attorney fees in the amount of 6,153.00 dollars, and reasonable costs in the amount of
605.47 dollars.
THEREFORE, IT IS ORDERED as follows:
1. That the Plaintiff’s Motion for the Clerk’s Entry of Default Judgment
Pursuant to FED. R. CIV. P. 55(b)(1) [#17] filed May 31, 2011, is GRANTED on the terms
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stated in this order;
2. That pursuant to Fed. R. Civ. P. 55(b)(1), DEFAULT JUDGMENT SHALL
ENTER in favor of the plaintiff, Holcim (US) Inc., a Delaware corporation, against the
defendants, Limerock Materials, LLC, a Nevada limited liability company d/b/a CWW West,
and Michael P. Vahl, jointly and severally, on each of the plaintiff’s claims against the
defendants;
3. That the plaintiff is AWARDED damages, interest, attorney fees, and costs in the
following amounts:
A. the principal sum of 142,098.65 dollars;
B. prejudgment interest through July 27, 2011, in the amount of 18,710.67
dollars;
C. reasonable attorney fees in the amount of 6,153.00 dollars; and
D. reasonable costs in the amount of 605.47 dollars.
4. That post judgement interest SHALL ACCRUE at the contract rate of 1.5
percent per month from the date of the entry of judgment until the judgment is satisfied;
5. That JUDGMENT SHALL ENTER as required by FED. R. CIV. P. 58(a); and
6. That this case is CLOSED.
Dated July 28, 2011, at Denver, Colorado.
BY THE COURT:

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