Rexel, Inc. v. Hubzone Corp., No. 2:2016cv00408 - Document 34 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge John A. Mendez on 3/28/19 ADOPTING in full the Findings and Recommendations filed 3/13/19; GRANTING ACIC's application for default judgment on its breach of contract claim 24 ; AWARDING ACIC damages of $52 8,574.44, plus prejudgment interest at the rate of 10% per annum commencing: 4/11/16 for $59,290.00; 5/31/16, for $93,943.51; 8/10/16, for $2,725.00; 8/17/16, for $75,264.00; 11/14/16, for $61,490.85; 11/22/16, for $24,580.00; 3/16/17, for $27,320.50; and 12/20/17, for $183,960.58. DENYING ACIC's request for attorney's fees without prejudice to a motion brought under Local Rule 293; and DIRECTING the Clerk to enter judgment in ACIC's favor and against Hubzone, Charmiane Burnett, and Larry Lofton on ACICs breach of contract claim. (Becknal, R)

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Rexel, Inc. v. Hubzone Corp. Doc. 34 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 UNITED STATES OF AMERICA, for the use and benefit of REXEL, INC., a Delaware corporation, doing business as PLATT ELECTRIC SUPPLY, ORDER Plaintiff, 14 15 16 17 18 v. HUBZONE CORP., a California corporation, also known as HUBZONE CORPORATION, and AMERICAN CONTRACTORS INDEMNITY COMPANY, Defendants. 19 20 21 AMERICAN CONTRACTORS INDEMNITY COMPANY, a California corporation, 22 23 24 25 26 27 No. 2:16-cv-408-JAM-EFB Cross-claimant, v. HUBZONE, CORP., a California corporation doing business as HUBZONE CORPORATION; CHARMIANE BURNETT, an individual; and LARRY DEON LOFTON, an individual, Cross-defendants. 28 1 Dockets.Justia.com 1 Plaintiff’s motion for entry of default judgment was submitted on the papers by the 2 magistrate judge on August 6, 2018. The matter was referred to a United States Magistrate Judge 3 pursuant to Local Rule 302(c)(19) and 28 U.S.C. § 636(b)(1). 4 On March 13, 2019, the magistrate judge filed findings and recommendations herein 5 which contained notice to the parties that any objections to the findings and recommendations 6 were to be filed within fourteen days. No objections were filed. 7 The court has reviewed the file and finds the findings and recommendations to be 8 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 9 ORDERED that: 10 1. The Findings and Recommendations filed March 13, 2019, are adopted in full; 11 2. ACIC’s application for default judgment on its breach of contract claim (ECF No. 24) 12 13 14 is granted; 3. ACIC is awarded damages in the amount of $528,574.44, plus prejudgment interest at the rate of 10% per annum commencing: 15 a. April 11, 2016 for $59,290.00; 16 b. May 31, 2016, for $93,943.51; 17 c. August 10, 2016, for $2,725.00; 18 d. August 17, 2016, for $75,264.00; 19 e. November 14, 2016, for $61,490.85; 20 f. November 22, 2016, for $24,580.00; 21 g. March 16, 2017, for $27,320.50; and 22 h. December 20, 2017, for $183,960.58. 23 24 25 4. ACIC’s request for attorney’s fees is denied without prejudice to a motion brought under Local Rule 293; and 5. With the concurrent filing of the stipulation and order resolving all remaining claims in 26 this action, the Clerk is directed to enter judgment in ACIC’s favor and against Hubzone, 27 Charmiane Burnett, and Larry Lofton on ACIC’s breach of contract claim. 28 2 1 2 DATED: March 28, 2019 3 /s/ John A. Mendez_______________________ 4 UNITED STATES DISTRICT COURT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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