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.)

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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

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