Quals et al v. Lunn et al

Filing 33

ORDER granting 30 MOTION TO CORRECT CLERICAL ERRORS. The Order Granting Plaintiff Hybrid Finance, Ltd's Second Motion for Default Judgment 28 filed June 6, 2012, SHALL BE AMENDED as set forth in the attached document. By Judge Robert E. Blackburn on 6/25/12.(mjgsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 11-cv-1453-REB-KMT DERRICK a. QUALS, HYBRID FINANCE, LIMITED, an Israeli company, and F CUBED.ca INVESTMENTS, LIMITED a Canadian company, Plaintiffs, v. WGC GROUP, INC. a Nevada company, GEOFFREY H. LUNN, MICHAEL SCHMIDT, and VINCENT CURRY Defendants. ORDER GRANTING MOTION TO CORRECT CLERICAL ERRORS Blackburn, J. The matter before me is Defendant [sic] Hybrid Finance, Ltd.’s Motion To Correct Clerical Errors in Order Granting Plaintiff Hybrid Finance Ltd.’s Second Motion for Default Judgment [#28] [#30]1 filed June 20, 2012. Plaintiff points out limited but critical clerical errors in my Order granting its motion for default judgment. The motion is well-taken and will be granted.2 1 “[#30]” is an example of the convention I use to identify the docket number assigned to a specific paper by the court’s electronic case filing and management system (CM/ECF). I use this convention throughout this order. 2 Plaintiff’s estimable candor in pointing out the court’s error in awarding it $50,000 more than requested by its motion for default judgment is noted and appreciated. THEREFORE, IT IS ORDERED as follows: 1. That Defendant [sic] Hybrid Finance, Ltd.’s Motion To Correct Clerical Errors in Order Granting Plaintiff Hybrid Finance Ltd.’s Second Motion for Default Judgment [#28] [#30] filed June 20, 2012, is GRANTED; and 2. That the Order Granting Plaintiff Hybrid Finance, Ltd’s Second Motion for Default Judgment [#28] filed June 6, 2012, SHALL BE AMENDED in the following particulars: a. That the final, partial, paragraph on page 2 is AMENDED to read: “Plaintiff thus seeks to recover the $200,000 it invested in the fraudulent scheme perpetuated by defendants”; b. That the first sentence of footnote 4, page 3, is AMENDED to read: “Although plaintiff requests that pre-judgment interest run from ‘October, 2010,’ the evidence establishes that the $200,000 was wired to Curry on October 28, 2010"; c. That paragraph 2, page 3, is AMENDED to provide: “That default judgment SHALL ENTER on behalf of plaintiff, Hybrid Finance Limited, an Israeli company, against defendants WGC Group Inc., a Nevada corporation, Geoffrey H. Lunn, and Vincent Curry on plaintiff’s claim for relief for unjust enrichment’; and d. That paragraph 3, page 3, is AMENDED to provide: “That plaintiff is AWARDED damages against defendant WGC Group Inc., Geoffrey H. Lunn, and Vincent Curry, jointly and severally, in the amount of $200,000.” Dated June 25, 2012, at Denver, Colorado. BY THE COURT: 2

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