Bolsa Resources, Inc. v. AGC Resource, Inc. et al

Filing 319

OPINION AND ORDER adopting 318 Report and Recommendations, and granting in part and denying in part 310 Motion for Default Judgment, by Chief Judge Marcia S. Krieger on 9/30/14.(dkals, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 11-cv-01293-MSK-KMT BOLSA RESOURCES, INC., Plaintiff, v. SALZBURG HOLDINGS, LLC, and STEPHEN B. DOPPLER, Defendants. OPINION AND ORDER ADOPTING RECOMMENDATION AND GRANTING IN PART MOTION FOR DEFAULT JUDGMENT THIS MATTER comes before the Court pursuant to the Magistrate Judge’s August 28, 2014 Recommendation (# 318) that the Plaintiff’s Motion for Default Judgment (# 310) against Defendants Salzburg Holdings, LLC and Stephen B. Doppler be granted in part and denied in part. No party has filed Objections to the Recommendation. Consistent with the otherwise applicable de novo standard of review under Fed. R. Civ. P. 72(b), the Court has considered the comprehensive Recommendation and underlying motion and, upon such de novo review, reaches the same conclusions for the same reasons given by the Magistrate Judge. Accordingly, the Court ADOPTS the Recommendation (# 318) in its entirety and GRANTS IN PART and DENIES IN PART the Plaintiff’s Motion for Default Judgment (# 310). The Court will enter judgment by default against the Defendants on Claims I, II, VI, IX, X, XI, and II, in the total amount of $ 33 million, and dismiss Claims IV, V, VIII, XIII, and XIV 1 and all Counterclaims asserted by the Defendants. The Plaintiff may seek an award of attorney fees consistent with Fed. R. Civ. P. 54(d)(2). It appearing that there are no remaining claims asserted against any Defendants, the Clerk of the Court shall close this case. Dated this 30th day of September, 2014. BY THE COURT: Marcia S. Krieger Chief United States District Judge 2

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