Foulard v. McFarland Holdings, LLC et al

Filing 28

ORDER that the Amended Recommendation of United States Magistrate Judge Boland ECF No. 26 is AFFIRMED and ADOPTED. it is ORDERED that the Motion for Default Judgment ECF No. 21 is GRANTED. Judgment shall enter in favor of the plaintiff and agai nst the defendants, jointly and severally, in the amount of $2,194,301.50. Accordingly, plaintiff is awarded his costs pursuant to 28 U.S.C. § 1920 on the filing of a proper bill of costs as provided in D.C.COLO.LCivR 54.1., by Judge Wiley Y. Daniel on 11/13/2013.(ervsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 13-cv-01377-WYD-BNB
MICHAEL W. FOULARD,
Plaintiff,
v.
McFARLAND HOLDINGS, LLC, a Colorado limited liability company;
JONATHAN M. THOMAS, individually;
MEYER FAMILY LIMITED PARTNERSHIP, a Delaware limited partnership; and
MFLP GP, LLC, a Colorado limited liability company, as General Partner of Meyer
Family Limited Partnership,
Defendants.

ORDER ADOPTING AND AFFIRMING RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
THIS MATTER is before the Court on the Amended Recommendation of United
States Magistrate Judge and Order (“Amended Recommendation”), filed October 18,
2013. (ECF No. 26). In the Amended Recommendation, Magistrate Judge Boland
recommends that plaintiff’s Motion for Default Judgment be granted and that default
judgment pursuant to Fed. R. Civ. P. 55(b) be entered in favor of the plaintiff and against
the defendants, jointly and severally, in the amount of $2,194,301.50. (Amended
Recommendation at 2). Magistrate Judge Boland further recommends that the plaintiff
be awarded his costs pursuant to 28 U.S.C. § 1920 on the filing of a proper bill of costs.
The Amended Recommendation is incorporated herein by reference. See 28 U.S.C.
' 36(b)(1)(B), Fed. R. Civ. P. 72(b).

Magistrate Judge Boland advised the parties that written objections were due
within fourteen (14) days after service of a copy of the Amended Recommendation.
(Amended Recommendation at 6). Despite this advisement, no objections were filed to
the Amended Recommendation. No objections having been filed, I am vested with
discretion to review the Amended Recommendation Aunder any standard [I] deem[]
appropriate.@ Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991); see also 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"). Nonetheless,
though not required to do so, I review the Amended Recommendation to "satisfy [my]self
that there is no clear error on the face of the record."1 See Fed. R. Civ. P. 72(b) Advisory
Committee Notes.
Having reviewed the Amended Recommendation, I am satisfied that there is no
clear error on the face of the record. I find that Magistrate Judge Boland=s Amended
Recommendation is thorough, well-reasoned and sound. I agree with Magistrate Judge
Boland that plaintiff’s motion for default judgment should be granted.
Based on the foregoing, it is
ORDERED that the Amended Recommendation of United States Magistrate
Judge Boland (ECF No. 26) is AFFIRMED and ADOPTED.

1

Note, 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).

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In accordance therewith, it is
ORDERED that the Motion for Default Judgment (ECF No. 21) is GRANTED.
Judgment shall enter in favor of the plaintiff and against the defendants, jointly and
severally, in the amount of $2,194,301.50. Accordingly, plaintiff is awarded his costs
pursuant to 28 U.S.C. § 1920 on the filing of a proper bill of costs as provided in
D.C.COLO.LCivR 54.1.
Dated: November 13, 2013
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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