10260 East Colfax Avenue, LLC v. Sun
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, )
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,
HYUNG KEUN SUN, an individual,
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:
Plaintiff’s Motion for Default Judgment (ECF No. 20) is GRANTED;
The Clerk shall enter judgment in favor of Plaintiff in the following amounts:
$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;
$6,947.77 in attorneys’ fees and costs; and
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
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