Cashman Equipment Corp v. Integrated Construction L L C

Filing 80

JUDGMENT ADOPTING 78 Report and Recommendations ORDERED that the plaintiff's 66 Motion for Settlement, filed by Cashman Equipment Corp is GRANTED IN PART and DENIED IN PART as follows. The defendants shall remove their crane from Cashm an's facility on or before November 5, 2011. The liquidated damages clause of the Settlement Agreement will not be enforced at this time. Pursuant to the Settlement Agreement, Cashman Equipment Corporation is awarded reasonable attorney's fees and costs associated with the filing of the Motion at bar. Signed by Judge Tucker L Melancon on 11/06/11. (crt,Guidry, C)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION CASHMAN EQUIPMENT CORP. VS. CIVIL ACTION NO. 6:10-0512 JUDGE TUCKER L. MELANÇON INTEGRATED CONSTRUCTION, LLC, ET AL MAGISTRATE JUDGE HILL JUDGMENT This matter was referred to United States Magistrate Judge C. Michael Hill for Report and Recommendation. No objections have been filed. The Court concludes that the Report and Recommendation of the Magistrate Judge, R. 78, is correct. Accordingly, it is ORDERED that the plaintiff’s Motion to Enforce Settlement Agreement [Rec. Doc. 66] is GRANTED IN PART and DENIED IN PART as follows. The defendants shall remove their crane from Cashman’s facility on or before November 5, 2011. The liquidated damages clause of the Settlement Agreement will not be enforced at this time. Pursuant to the Settlement Agreement, Cashman Equipment Corporation is awarded reasonable attorney’s fees and costs associated with the filing of the Motion at bar. THUS DONE AND SIGNED in Lafayette, Louisiana, this 6th day of November, 2011.

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