Lexon Insurance Company v. Bovino et al

Filing 23

ORDER adopting Report and Recommendation re 21 Memorandum and Recommendation granting 16 Motion for Default Judgment. The clerk is directed to close this case. Signed by Senior Judge Malcolm J. Howard on 10/12/2011. (Heath, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

NO. 7:10-CV-98-H(2)

LEXON INSURANCE COMPANY,
Plaintiff,

v.
ORDER

JAMES J. BOVINO, TOWN &
COUNTRY DEVELOPERS, INC., and
TOWN & COUNTRY DEVELOPERS AT
WILMINGTON, INC.,
Defendants.
This matter is before the court on plaintiff's motion for
default judgment [DE #16]
Magistrate

JUdge

Recommendation

David

("M&R")

On September 23, 2011, United States
W.

Daniel

entered

a

Memorandum

and

finding that defendants were in default

and recommending that judgment be entered against defendants in
the amount of $4,594,106.78,
at

the

rate

of

8%

on

$3,922,844.74 from May 21,

together with prejudgment interest

the

amount

2010.

of

the

bonds

totaling

No objections have been filed

to the M&R and the time for doing so has expired.
The court hereby accepts
of

the Magistrate Judge.

the

findings

and recommendations

For the reasons

stated in the M&R,

judgment is entered, pursuant to Rule 55 of the Federal Rules of
Ci vil

Procedure,

in

favor

of

plaintiff

and

against

the

defendants,

jointly

and

severally,

in

the

amount

of

$4,594,106.78; together with prejudgment interest at the rate of
8% per annum on the amount of $3,922,844.74 from May 21,
until

the

judgment,

date

judgment

interest

shall

is

entered

continue

hereon.

to

accrue

Upon
at

the

2010,

entry

federal,

post-judgment rate until the judgment is satisfied.
The clerk is directed to close this case.
This 12th day of October 2011.
.

kttuZ.

~ &40/

MALCOLM J. H~

Senior United States District JUdge

At Greenville, NC
#31

of