10260 East Colfax Avenue, LLC v. Sun

Filing 28

ORDER ACCEPTED 25 Report and Recommendations of the United States Magistrate Judge. Granting 20 Plaintiff's Motion for Default Judgment; The Clerk shall enter judgment in favor of Plaintiff in the following amounts: $714,155.04, pl us interest at a per diem rate of $196.35 commencing on September 7, 2011, through the date of entry of judgment in this matter; $6,947.77 in attorneys fees and costs; and Post-judgment interest at a rate provided for by federal law, by Judge William J. Martinez (ervsl, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge William J. Martínez Civil Action No. 11-cv-01351-WJM-KLM 10260 EAST COLFAX AVENUE, LLC, an Oregon limited liability company, Plaintiff, v. HYUNG KEUN SUN, an individual, Defendant. ORDER ADOPTING RECOMMENDATION, GRANTING MOTION FOR DEFAULT JUDGMENT, AND DIRECTING CLERK TO ENTER JUDGMENT IN FAVOR OF PLAINTIFF This matter is before the Court on the November 10, 2011 Recommendation by United States Magistrate Judge Kristen L. Mix that Plaintiff’s Motion for Default Judgment be granted. (ECF No. 25.) The Recommendation is incorporated herein by reference. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). The Recommendation advised the parties that specific written objections were due within fourteen days after being served with a copy of the Recommendation. (ECF No. 25 at 10.) Despite this advisement, no objections to the Magistrate Judge’s Recommendation were filed by either party. “In the absence of timely objection, the district court may review a magistrate . . . [judge’s] report under any standard it deems appropriate.” Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (citing Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that “[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). The Court concludes that the Magistrate Judge’s thorough and comprehensive analyses and recommendations are correct and that “there is no clear error on the face of the record.” See Fed. R. Civ. P. 72(b) advisory committee’s note. Therefore, the Court hereby ADOPTS the Report of the United States Magistrate Judge as the findings and conclusions of this Court. Accordingly, it is hereby ORDERED that the Recommendation of the United States Magistrate Judge (ECF No. 25), filed November 10, 2011, is ACCEPTED. For the reasons cited therein, the Court further ORDERS as follows: 1. Plaintiff’s Motion for Default Judgment (ECF No. 20) is GRANTED; 2. The Clerk shall enter judgment in favor of Plaintiff in the following amounts: a. $714,155.04, plus interest at a per diem rate of $196.35 commencing on September 7, 2011, through the date of entry of judgment in this matter; b. $6,947.77 in attorneys’ fees and costs; and c. Post-judgment interest at a rate provided for by federal law. Dated this 9th day of December, 2011. BY THE COURT: William J. Martínez United States District Judge -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?