UNITED STATES OF AMERICA v. PATTERSON et al

Filing 47

ORDER THAT PLFF'S REQUEST FOR SANCTIONS IS GRANTED. JUDGMENT IS HEREBY ENTERED IN FAVOR OF PLFF CONSTRUCTION HARDWARE, INC. & AGAINST DEFTS AEROPLATE CORP. & RONALD PATTERSON IN THE AMOUNT OF $253,083.84, ETC. PLFF'S REQUEST FOR REIMBURSEMENT OF FEES & COSTS ASSOCIATED WITH THE FILING OF THE MOTION FOR SANCTIONS IS DENIED WITHOUT PREJUDICE, ETC. SIGNED BY HONORABLE R. BARCLAY SURRICK ON 6/10/14. 6/11/14 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA
FOR THE USE OF CONSTRUCTION
HARDWARE, INC.
v.

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CIVIL ACTION
NO. 12-3285

RONALD D. PATTERSON, ET AL. :
ORDER
AND NOW, this 10th day of

June

, 2014, upon consideration of Plaintiff’s

Motion for Sanctions (ECF No. 42), and all documents submitted in support thereof and in
opposition thereto, it is ORDERED that the Motion is GRANTED in part and DENIED in part
as follows:
1.

Plaintiff’s request for sanctions is GRANTED. Judgment is hereby entered in
favor of Plaintiff Construction Hardware, Inc. and against Defendants Aeroplate
Corp. and Ronald Patterson in the amount of $253,083.84, plus interest of six
percent per annum from February 1, 2012 to the date of this Order, which
represents 41.60 per day, 1 plus per diem storage charges of $90.00 per day from
February 2, 2012 to the date of this Order. 2

1

See Plaintiff’s Motion for Summary Judgment (ECF No. 31) for an explanation of the
calculation of interest. The six percent simple interest rate is used pursuant to Pennsylvania
statute. See 41 Pa. Cons. Stat. § 202 (indicating that if a document does not include the interest
rate, the applicable rate should be six per cent per annum). February 2, 2012 represents the day
that Construction Hardware supplied materials to Defendants and requested payment.
2

See Plaintiff’s Motion for Summary Judgment for an explanation of the calculation of
storage costs.

2.

Plaintiff’s request for reimbursement of fees and costs associated with the filing
of the Motion for Sanctions is DENIED without prejudice. Counsel may submit
documentation that supports the time spent and costs incurred. After receipt of
the proper documentation, the Court will consider Plaintiff’s request for fees and
costs.

IT IS SO ORDERED.
BY THE COURT:

______________________________
R. BARCLAY SURRICK, J.

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