MAKS, Inc et al v. EODT General Security Company et al

Filing 459

ORDER accepting in whole 457 Magistrate Judge Guyton's Report and Recommendation and ORDERS that MAKS be AWARDED prejudgment interest at a rate of 5.00% per annum, which amounts to $169,927.40 in interest accruing f rom September 9, 2009, to the date of judgment on Work Authorization 01 and $161,476.03 in interest accruing from October 23, 2009, to the date of judgment on Work Authorization 02, as well as post-judgment interest at a rate of 0.15% per annum from the date of the entry of judgment to the date of the decision on the R&R. Signed by Chief District Judge Thomas A Varlan on February 20, 2014. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MAKS INC. GENERAL TRADING
AND CONTRACTING CO., et al.,
Plaintiffs,
v.
STERLING OPERATIONS, INC.,
formerly known as
EOD TECHNOLOGY, INC.,
Defendant,

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No.:

3:10-CV-443-TAV-HBG

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STERLING OPERATIONS, INC.,
formerly known as
EOD TECHNOLOGY, INC.,
Counter-Plaintiff,
v.
MAKS INC. GENERAL TRADING
AND CONTRACTING CO.,
Counter-Defendant,

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ORDER
This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge H. Bruce Guyton on January 27, 2014
[Doc. 457]. In the R&R, Magistrate Judge Guyton recommends denying the request for
prejudgment and post-judgment interest at a rate of 10.00% per annum presented by
MAKS Inc. Trading and Contracting Company (“MAKS”). Further, Magistrate Judge

Guyton recommends awarding MAKS prejudgment interest at a rate of 5.00% per
annum—which amounts to $169,927.40 in interest from September 9, 2009, to the date
of judgment on Work Authorization 01 and $161,476.03 in interest from October 23,
2009, to the date of judgment on Work Authorization 02—and post-judgment interest at a
rate of 0.15% per annum from the date of the entry of judgment to the date of the
decision on the R&R. There have been no timely objections to the R&R, and enough
time has passed since the filing of the R&R to treat any objections as having been
waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
After a careful review of the matter, the Court is in agreement with Magistrate
Judge Guyton’s recommendations, which the Court adopts and incorporates into its
ruling.

Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 457] and

ORDERS that MAKS be AWARDED prejudgment interest at a rate of 5.00% per
annum, which amounts to $169,927.40 in interest accruing from September 9, 2009, to
the date of judgment on Work Authorization 01 and $161,476.03 in interest accruing
from October 23, 2009, to the date of judgment on Work Authorization 02, as well as
post-judgment interest at a rate of 0.15% per annum from the date of the entry of
judgment to the date of the decision on the R&R.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE
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