Caruthers v. Vitex, Inc.

Filing 30

ORDER granting 29 Motion for Entry of Judgment against Vitex, Inc for breach of contract. Signed by District Judge Kenneth D. Bell on 11/4/2019. (nvc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:17-CV-00098-KDB-DSC
THOMAS M. CARUTHERS JR.,
Plaintiff,
v.
VITEX, INC.,
Defendant.

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ORDER

THIS MATTER is before the Court on the Plaintiff’s Motion for Entry of Judgment
(Doc. No. 29). The Court has carefully reviewed the motion and been advised by the Defendant
that “given the Court’s summary judgment rulings and the subsequent stipulations, the defendant
agrees that the case is ready for entry of judgment.” However, the Defendant seeks to reserve the
right to oppose any bill of costs once such is filed.
Accordingly, the Court will GRANT Plaintiff’s motion (Doc. No. 29) and enter the
following:
ORDER and JUDGMENT
NOW THEREFORE IT IS ORDERED THAT:
Judgment is hereby entered in favor of Plaintiff Thomas Caruthers, Jr. and against
Defendant Vitex, Inc. for breach of contract. Plaintiff is awarded damages in the principal
amount of $141,666.00 plus prejudgment interest (8% per annum from June 22, 2016 until
November 4, 2019) of $38,191.60 for a total Judgment amount of $179,857.60. The costs of this
action shall be taxed against Defendant, without prejudice to Defendant’s right to timely
challenge the amount of such costs upon application by Plaintiff.
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SO ORDERED ADJUDGED AND DECREED.

Signed: November 4, 2019

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