King v. Emerald Energy, LLC et al, No. 1:2009cv02128 - Document 31 (E.D. Cal. 2010)

Court Description: ORDER Adopting Findings and Recommendations Recommending Entry of Default Judgment Against Defendant Emerald Energy 29 , signed by District Judge Lawrence J. O'Neill on 8/23/2010. (Verduzco, M)
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King v. Emerald Energy, LLC et al Doc. 31 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JOHN KING, an individual, CASE NO. 1:09-cv-02128-LJO-SMS 10 Plaintiff, 11 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT EMERALD ENERGY v. 12 13 EMERALD ENERGY, LLC, a Delaware company, and RAY ALLEN, an individual, 14 (Doc. 29) Defendants. 15 / 16 17 Plaintiff John King, by his attorneys Coleman & Horowitt, LLP, seeks Default Judgment 18 against Defendant Emerald Energy, LLC, to collect principal and interest on four notes: (1) 19 $35,000.00 plus interest at the rate of twelve percent (12 %) from April 10, 2008; (2) $34,279.00 20 plus interest at the rate of twelve percent (12 %) from May 23, 2008; (3) $30,000.00 plus interest 21 at the rate of twelve percent (12 %) from June 2, 2008; and (4) $15,000.00 plus interest at the 22 rate of twelve percent (12 %) from July 2, 2008 (Doc. 2). Despite repeated requests, the 23 principal of Emerald Energy has failed to secure counsel to represent the corporation. See 28 24 U.S.C. § 1654; Local Rule 83-183. On July 1, 2010, the magistrate judge struck Defendant 25 Emerald Energy’s prior “answer,” and ordered Emerald Energy to retain counsel and file its 26 answer within fourteen days. Defendant Emerald Energy having failed to retain counsel and file 27 an answer in this matter or to otherwise respond to the magistrate’s order, on July 20, 2010, the 28 magistrate recommended that this Court enter a default judgment against Emerald Energy. 1 Dockets.Justia.com 1 The Findings and Recommendations were served on the parties and contained notice to 2 the parties that any objections to the Findings and Recommendations were to be filed within 3 thirty days. No party to this action has filed any objections to the findings and recommendations. 4 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 5 a de novo review of this case. Having carefully reviewed the entire file, the Court finds the 6 Findings and Recommendations to be supported by the record and proper analysis. 7 8 Accordingly, this Court hereby ADOPTS in full the Findings and Recommendations, filed July 19, 2010, and ORDERS 9 1. Plaintiff’s motion for default judgment is granted; 10 2. The Clerk shall enter judgment in favor of Plaintiff John King and against 11 Defendant Emerald Energy, LLC, for damages including (a) principal and interest 12 due on all four notes: (1) $35,000.00 plus interest at the rate of twelve percent (12 13 %) from April 10, 2008; (2) $34,279.00 plus interest at the rate of twelve percent 14 (12 %) from May 23, 2008; (3) $30,000.00 plus interest at the rate of twelve 15 percent (12 %) from June 2, 2008; and (4) $15,000.00 plus interest at the rate of 16 twelve percent (12 %) from July 2, 2008 (Doc. 2); (b) attorneys’ fees and costs 17 totaled $3,650.00; (c) prejudgment interest from December 7, 2009, the date of 18 filing of the complaint, through the entry of judgment; and post-judgment interest 19 at the federal rate calculated pursuant to the provisions of 28 U.S.C. § 1961; and 20 3. 21 Plaintiff shall prepare and submit to this Court for signing the form of judgment, including calculation of the damages set forth in paragraph 2. 22 23 24 IT IS SO ORDERED. Dated: b9ed48 August 23, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 25 26 27 28 2