Opinion
Civil Action 1:23-cv-768
03-28-2024
GOLDMINE WORLD, INC., Plaintiff, v. PHOENIX BEAUTY LLC, et al., Defendants.
ORDER
CLAUDE M. HILTON UNITED STATES DISTRICT JUDGE
THIS MATTER comes before the Court on the Report and Recommendation of the Magistrate Judge dated March 7, 2024, in response to a Motion for Default Judgment.
Based on a de novo review of the evidence in this case, having reviewed the Report and Recommendation and examined the objections filed by Plaintiff, it appears to the Court that the Magistrate Judge's Report and Recommendation is neither clearly erroneous nor contrary to law. The Court finds that Plaintiffs objections are without merit and adopts the Report and Recommendation in its entirety. It is hereby
ORDERED that Plaintiffs Motion for Default Judgment is
GRANTED-IN-PART and DENIED-IN-PART. Specifically, the Court orders that:
• Plaintiffs Motion for Default Judgment is DENIED as to Count I of the Complaint alleging Breach of Contract as to Defendant Phoenix and Defendant Nguyen;
• Plaintiffs Motion for Default Judgment is GRANTED as to Count II of the Complaint alleging Unjust Enrichment as to Defendant Phoenix and Defendant Nguyen;
• Defendant Phoenix and Defendant Nguyen are jointly and severally liable for the amount of $99,260.00, including pre-judgment interest at six percent interest from May 4, 2023 through the date of this judgment, and post-judgment interest in accordance with 28 U.S.C. § 1961;
• Plaintiffs Motion for Default Judgment is DENIED as to Count II of the Complaint alleging Unjust Enrichment as to Defendant Pham;
• Plaintiffs Motion for Default Judgment is DENIED as to Count III of the Complaint alleging Fraud as to all Defendants;
• Plaintiffs Motion for Default Judgment is DENIED as to Count IV of the Complaint alleging Conspiracy as to all Defendants; and
• Plaintiffs other requested relief, including treble damages, punitive damages, and attorneys' fees and costs, is DENIED.