Magic Carpet Ski Lifts. Inc. v. S&A Co., Ltd

Filing 19

ORDER ADOPTING 18 Report and Recommendation. Granting in part and denying in part 12 Motion for Default Judgment; adopting Report and Recommendations. That judgment of default shall enter on behalf of plaintiff, Magic Carpet Ski Lifts, Inc., a C olorado corporation, against defendant, S&A Co., Ltd., a Korean corporation, as to plaintiffs claim for breach of contract. That plaintiff is awarded damages in the total amount of $141.939.75, representing: (a) actual damages of $112,640; (b) compensatory damages for prejudgment interest as of November 24, 2014, of $24,164.25; (c) reasonable attorney fees of $3,125.50; and (d) costs of $2,010.00. That plaintiff further is awarded prejudgment interest at the rate of  6;55.55 per day accruing from November 24, 2014, to the date of the judgment, and post-judgment interest at the rate provided by 28 U.S.C. § 1961 from the date of the judgment until it is paid in full. That all other remaining claims in this suit are dismissed, and the case is closed. By Judge Robert E. Blackburn on 7/9/15.(kfinn)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 14-cv-02133-REB-KLM
MAGIC CARPET SKI LIFTS, INC., a Colorado corporation,
Plaintiff,
v.
S&A CO., LTD, a Korean corporation,
Defendant.

ORDER ADOPTING RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the Recommendation of United States Magistrate
Judge [#18],1 filed June 8, 2015. No objections having been filed to the
recommendation, I review it only for plain error. See Morales-Fernandez v.
Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding
no such error in the recommended disposition, I find and conclude that the magistrate
judge’s recommendation should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation of United States Magistrate Judge [#18], filed
June 8, 2015, is approved and adopted as an order of this court; and

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“[#18]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

2. That plaintiff’s Motion For Entry of Default Judgment [#12], filed November
25, 2014, is granted in part and denied as set forth in the magistrate judge’s
recommendation;
3. That judgment of default shall enter on behalf of plaintiff, Magic Carpet Ski
Lifts, Inc., a Colorado corporation, against defendant, S&A Co., Ltd., a Korean
corporation, as to plaintiff’s claim for breach of contract;
4. That plaintiff is awarded damages in the total amount of $141.939.75,
representing: (a) actual damages of $112,640; (b) compensatory damages for
prejudgment interest as of November 24, 2014, of $24,164.25; (c) reasonable attorney
fees of $3,125.50; and (d) costs of $2,010.00;
5. That plaintiff further is awarded prejudgment interest at the rate of $55.55 per
day accruing from November 24, 2014, to the date of the judgment, and post-judgment
interest at the rate provided by 28 U.S.C. § 1961 from the date of the judgment until it is
paid in full; and
6. That all other remaining claims in this suit are dismissed, and the case is
closed.
Dated July 9, 2015, at Denver, Colorado.
BY THE COURT:

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