Summit Habitats, Inc. et al v. Kaffka et al

Filing 25

ORDER GRANTING DEFAULT JUDGMENT ; granting in part and denying in part 23 Motion to Continue Conferral Deadline or Alternatively Enter Judgment in the Amount the Court Deems Plaintiffs are Entitled To; denying as moot 21 Second Amended Motion for Entry of Default Judgment Against Defendant Gregory C. Kaffka and Karen S. Kaffka and the hearing on said motion set for 3/23/12 is VACATED. By Judge Christine M. Arguello on 2/13/12.(jjpsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-01413-CMA-BNB
SUMMIT HABITATS, INC., a Colorado corporation,
SANFORD M. TREAT III, and
KATHERINE TREAT,
Plaintiffs,
v.
GREGORY C. KAFFKA, and
KAREN S. KAFFKA,
Defendants.
_____________________________________________________________________
ORDER GRANTING DEFAULT JUDGMENT

This matter is before the Court on Plaintiffs’ “Motion to Continue Conferral
Deadline or Alternatively Enter Judgment in the Amount the Court Deems Plaintiffs are
Entitled To” (Doc. # 23), filed February 8, 2012.1 The Court, having fully considered the
merits of Plaintiffs’ Motion, and for good cause shown, FINDS:
1.

The Court has personal jurisdiction over all the parties.

2.

This Court has jurisdiction over the subject matter of this action.

3.

Clerk’s Default was entered on August 29, 2011. (Doc. # 15.)

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The Court has refused to grant three previous motions for default judgment filed by
Plaintiffs. (Doc. ## 17, 20, 22.) In the instant motion, Plaintiffs state that they are abandoning
their argument that they are entitled to interest which accrues after the default. (Doc. # 23, ¶ 4.)

Accordingly, it is ORDERED that Plaintiffs’ “Motion to Continue Conferral
Deadline or Alternatively Enter Judgment in the Amount the Court Deems Plaintiffs
are Entitled To” (Doc. # 23) is GRANTED IN PART and DENIED IN PART as follows:
1.

Plaintiffs’ Motion to Enter Judgment in the Amount the Court Deems
Plaintiffs are Entitled To is GRANTED. Plaintiffs’ Motion to Continue
Conferral Deadline is DENIED as moot.

2.

Default judgment shall enter in favor or Plaintiffs Summit Habitats, Inc.,
Sanford M. Treat III, and Katherine Treat and against Defendants Gregory
C. Kaffka and Karen S. Kaffka in the amount $590,332 in actual damages
plus $196,777 in liquidated damages, for a total of $787,109.

3.

Interest shall accrue on the total judgment amount of $787,109 as of the
date judgment is entered.

IT IS FURTHER ORDERED that Plaintiffs’ Second Amended Motion for Entry
of Default Judgment Against Defendant Gregory C. Kaffka and Karen S. Kaffka (Doc.
# 21), filed January 20, 2012, is DENIED AS MOOT, and the hearing on said motion
set for March 23, 2012 is VACATED.
DATED: February

13

, 2012
BY THE COURT:

___________________________
CHRISTINE M. ARGUELLO
United States District Judge

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