Virginia International Terminals, LLC v. Keystone Transportation Solutions, LLC

Filing 23

ORDER: the Court does hereby ADOPT AND APPROVE IN FULL the 22 Report and Recommendations. VIT's 10 Motion for Default Judgment is GRANTED IN PART AND DENIED IN PART; the Court GRANTS VIT's request for damages, and DENIES VIT's req uest for attorneys' fees and costs. The court ORDERS declaratory relief as outlined in the Order. VIT shall submit a final interest calculation within 7 days from the entry date of this Order. Signed by Chief District Judge Rebecca Beach Smith on 5/1/18. (bpet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division

VIRGINIA INTERNATIONAL

TERMINALS, LLC,

Plaintiff,
Case No.

V.

2:17cv537

KEYSTONE TRANSPORTATION

SOLUTIONS, LLC,
Defendant.
ORDER

This matter comes before the court on Plaintiff's,

Virginia

International Terminals, LLC (^'VIT") / Motion for Default Judgment

(ECF No.

10) filed on December 12, 2017.

The matter was referred

to a United States Magistrate Judge by Order of January 2, 2018, (ECF

No. 11), pursuant to the provisions of 28 U.S.C. § 636(b) (1) (B) and
(C), and Federal Rule of Civil Procedure 72(b), to conduct hearings,

including evidentiary hearings, if necessary, and to submit to the
undersigned

proposed

findings

of

fact,

if

applicable,

and

recommendations for the disposition of the motion.

The United States Magistrate Judge's Report and Recommendation
(ECF No.

22)

was filed on April 5,

2018.

The Magistrate Judge

recommended that the court grant in part and deny in part VIT's Motion
for Default Judgment.

By copy of the Report and Recommendation of

the Magistrate Judge, the parties were advised of their right to file

written objections thereto.

The court has received no objections

to the Magistrate Judge's Report and Recommendation, and the time
for filing same has expired.

The court does hereby ADOPT AND APPROVE IN EtJLL the findings
and recommendations set forth in the Report and Recommendation of

the

United

States

Magistrate

Judge

filed

April

5,

2018.

Accordingly, VIT's Motion for Default Judgment is GRANTED IN PART
AND DENIED IN PART.

Specifically, the court GRANTS VIT's request

for damages, except for the two invoices from March 2015 and the
interest associated with those invoices.

This damages award totals

to a sum of $129,656.84, which includes $121,586.99 for unpaid rent,

$3,655.00 for Defendant's, Keystone Transportation Solutions, LLC
(«Kts") containers, and $4,414.85 for unpaid rail charges, plus

applicable interest.

No later than seven days from the entry date

of this Order, VIT shall submit a final interest calculation to the
court, which interest shall be calculated at the annual rate of twelve

percent (12%) on each of the three recoverable items detailed above.
Moreover,

the

interest

for

each

recoverable

invoice

on

each

recoverable item is to be calculated separately from the due date

displayed on the invoice to the entry date of this Order.
The court DENIES VIT's request for attorneys' fees and costs.

Further, the court ORDERS the following declaratory relief:

(1) KTS shall indemnify and hold VIT harmless from any claims,

except those caused by the negligence or intentional misconduct of
VIT, that may be brought against VIT by Teak or its principals that

are in any way

related to,

connected with,

or arise from the

agreement;

(2)

KTS shall provide insurance, or otherwise serve as the

insurer of last resort, for any claims that may be brought against

VIT by Teak that are related to, connected with, or arise from the
agreement;

(3)

The assignment of any claims by KTS to Teak that are related

to, connected with, or arise from the agreement is null and void;
and

(4)

The assignment of any tort claims by KTS to Teak that do

not arise from a direct injury to real or personal property is null
and void.

The Clerk shall forward a copy of this Order to all parties of
record.

It is

so ORDERED

Is/

Rebecca Beach Smith
Chief Judge
REBECCA BEACH SMITH
CHIEF

May \ , 2018

JUDGE