American Produce, LLC v. Vargas et al

Filing 35

ORDER ACCEPTING 34 MAGISTRATE JUDGE'S RECOMMENDATION. Plaintiff's 17 Motion for Entry of Default Judgment Against Defendants John M. Luna and Ricardo Felix Rivera a/k/a Ricardo Felix is granted in part and denied in part. Upon entry of final judgment in this case, judgment shall be entered in favorof plaintiff American Produce, LLC, and against defendant John M. Luna. By Judge Philip A. Brimmer on 5/18/12.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 11-cv-02919-PAB-MEH
AMERICAN PRODUCE, LLC, a limited liability company,
Plaintiff,
v.
FELIX RIVERA VARGAS, an individual, a/k/a Felix Rivera,
JOHN M. LUNA, an individual, and
RICARDO FELIX RIVERA, an individual, a/k/a Ricardo Felix,
Defendants.
_____________________________________________________________________
ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
_____________________________________________________________________
This matter is before the Court on the Recommendation of United States
Magistrate Judge Michael E. Hegarty filed on April 24, 2012 [Docket No. 34]. The
Recommendation states that objections to the Recommendation must be filed within
fourteen days after its service on the parties. See 28 U.S.C. § 636(b)(1)(C). The
Recommendation was served on April 27, 2012. No party has objected to the
Recommendation.
In the absence of an objection, the district court may review a magistrate judge’s
recommendation under any standard it deems appropriate. See Summers v. Utah, 927
F.2d 1165, 1167 (10th Cir. 1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985)
(“[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”). In this matter, the Court has reviewed the

Recommendation to satisfy itself that there is “no clear error on the face of the record.”1
Fed. R. Civ. P. 72(b), Advisory Committee Notes. Based on this review, the Court has
concluded that the Recommendation is a correct application of the facts and the law.
Accordingly, it is
ORDERED as follows:
1. The Recommendation of United States Magistrate Judge [Docket No. 34] is
ACCEPTED.
2. Plaintiff’s Motion for Entry of Default Judgment Against Defendants John M.
Luna and Ricardo Felix Rivera a/k/a Ricardo Felix [Docket No. 17] is GRANTED IN
PART AND DENIED IN PART as follows:
Upon entry of final judgment in this case, judgment shall be entered in favor
of plaintiff American Produce, LLC, and against defendant John M. Luna for the
principal sum of $59,468.25, pre-judgment finance charges calculated at the rate of
1.5% per month through February 13, 2012 in the cumulative amount of $7,880.93, prejudgment finance charges beginning on February 14, 2012 and continuing through the
date judgment is entered at the rate of $29.33 per day, costs in the amount of $490.00,
attorney’s fees in the amount of $4,540.00, and post-judgment finance charges at the
rate specified in 28 U.S.C. § 1961 until the total amount is satisfied.

1

This standard of review is something less than a “clearly erroneous or contrary
to law” standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo
review. Fed. R. Civ. P. 72(b).
2

DATED May 18, 2012.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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