Provizant, Inc. et al v. NanoPV-I-Group Solar, Inc. et al

Filing 59

ORDER: The 52 Report and Recommendation is ADOPTED IN PART and SET ASIDE IN PART. Accordingly, Plaintiffs' Motion for Default Judgment (Doc. No. 47 ) is GRANTED. Pursuant to Federal Rule of Civil Procedure 58, the Clerk shall enter judgment i n favor of Plaintiffs and against NanoPV-I-Group Solar, Inc., I-Group Renewable, Inc., Ranford Herman, and Green Grid Social, LLC, for a total of $185,360.00 in compensatory damages and $500,000.00 in punitive damages. The Court AWARDS prej udgment interest at a rate of 5.00% beginning on March 25, 2014, until the date of the judgment. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/28/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
PROVIZANT, INC., et al.,
Plaintiffs,
v.
NANOPV-I-GROUP SOLAR, INC., et al.,
Defendants.

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NO. 3:15-cv-00993
CHIEF JUDGE CRENSHAW

ORDER
Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc.
No. 52), to which no timely objections have been filed. The Court has reviewed the Report and
Recommendation and conducted a de novo review of the record. The Report and Recommendation
is ADOPTED IN PART and SET ASIDE IN PART.
Accordingly, Plaintiffs’ Motion for Default Judgment (Doc. No. 47) is GRANTED.
Pursuant to Federal Rule of Civil Procedure 58, the Clerk shall enter judgment in favor of Plaintiffs
and against NanoPV-I-Group Solar, Inc., I-Group Renewable, Inc., Ranford Herman, and Green
Grid Social, LLC, for a total of $185,360.00 in compensatory damages and $500,000.00 in punitive
damages. The Court AWARDS prejudgment interest at a rate of 5.00% beginning on March 25,
2014, until the date of the judgment.
The Court DECLINES TO ADOPT the Magistrate Judge’s recommendation to award
post-judgment interest at a rate of 5.00%. In cases where a federal court has diversity jurisdiction,
federal law controls the postjudgment interest award. F.D.I.C. v. First Heights Bank, FSB, 229
F.3d 528, 542 (6th Cir. 2000). Accordingly, postjudgment interest is AWARDED at the statutory
rate of 1.27% (week ending 9/15/2017) provided in 28 U.S.C. § 1961(a).

IT IS SO ORDERED.
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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE