Golman-Hayden Company Inc v. Sutton et al, No. 3:2007cv01723 - Document 66 (N.D. Tex. 2009)

Court Description: Memorandum Opinion and Order granting 63 Motion for Default Judgment against Defendant Mustang Fruit & Vegetable Brokerage, Inc. filed by Gargiulo, Inc., Prime Produce, Inc., Golman-Hayden Company Inc, Taylor Farms Texas, Inc. (see order) (Ordered by Judge Ed Kinkeade on 7/28/2009) (klm)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION GOLMAN-HAYDEN CO., INC., et al. § § Plaintiffs, § § v. § § ROGER M. SUTTON, et al., § § Defendants. § ______________________________________ § § SUNKIST GROWERS, INC. § § Intervenor Plaintiff, § § v. § § ROGER M. SUTTON, et al. § § Intervenor Defendants. § Civil Action No. 3:07-CV-1723-K MEMORANDUM OPINION AND ORDER Before the Court is Plaintiff Golman-Hayden Company, Inc., Prime Produce, Inc., Gargiulo, Inc., and Taylor Farms Texas, Inc. s (collectively Plaintiffs ) Motion for Entry of Final Default Judgment (doc. 63). It appears to the Court that this motion is unopposed and that the Clerk of Court entered the Default of Defendant Mustang Fruit & Vegetable Brokerage, Inc., upon Plaintiffs Request for Entry of Default by Clerk (doc. 50), filed on February 25, 2009. Accordingly, the Court GRANTS the Plaintiffs motion. The Court awards to Plaintiffs $1,286,490.00, plus prejudgment interest in the amount of $155,091.53, costs in the amount of $1,890.00, and attorneys fees in the amount of $47,166.35, totaling $1,490,637.88. The Court also awards any post-judgment interest at the statutory rate set forth in 28 U.S.C. § 1961, which accrues from the date of entry of this judgment until satisfied in full. The Judgment amount of $1,490,637.88, plus amounts for postjudgment interest, qualifies for protection under the Perishable Agricultural Commodities Act of 1930, as amended, 7 U.S.C. §499e et seq. ( PACA ), until satisfied, for which let execution issue. SO ORDERED. Signed July 28th, 2009. ______________________________________ ED KINKEADE UNITED STATES DISTRICT JUDGE

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