Opinion
Civil Action No. 3:99-CV-2848-M
February 8, 2002
ORDER
Before the Court are the Findings, Conclusions and Recommendation of the Magistrate Judge on Plaintiffs Motion for Summary Judgment and Defendant Fidelity Factors, L.L.C.'s Cross-Motion for Summary Judgment.
After reviewing the Findings, Conclusions and Recommendation and conducting a de novo review of those parts of the Findings and Conclusions to which objections have been made, this Court is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Fidelity points out that three different figures appear at various places in the record as the amount owed by Sunbelt to Reaves. $195,060.55 is the amount of the default judgment. $195,060.15 is a figure appearing on page 1 of the Recommendation of the Magistrate Judge and $195,066.15 is the amount referenced in the Affidavit of Larry R. Reaves in support of summary judgment. The $195,066.15 on page 1 of the Recommendation is a typographical error; at all other places, it uses $195,060.55. That figure, the default judgment amount, was supported by the testimony of James Heffington, Sr., the President and sole shareholder of Sunbelt, and is the figure which the Court utilizes in its judgment.
The Recommendations of the Magistrate Judge did not address Plaintiffs objections to the Affidavit of Jill McKinney (asserted at pages 2-4 of Plaintiffs Brief in Response to Fidelity's Motion for Summary Judgment). Based on its analysis, this Court concludes that the McKinney Affidavit is irrelevant; in the alternative, the objections to it are meritorious and are SUSTAINED.
The Recommendation of the Magistrate Judge did not address the Plaintiffs claim for attorneys fees and pre-judgment interest. In light of all of the facts and the applicable law, while noting that PACA does not expressly provide for attorney fees or prejudgment interest, in its discretion the Court declines to award attorneys fees, but awards pre-judgment interest from the date of Fidelity's answer, July 26, 2000, at the rate of 2.25% per annum.
JUDGMENT
This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,
It is ORDERED, ADJUDGED and DECREED that Plaintiffs Motion for Summary Judgment is GRANTED, and Plaintiff is awarded judgment against Fidelity Factors, L.L.C. and James Heffington, Sr. for $195,060.55, jointly and severally with Sunbelt Fruit Vegetable Co., Inc., for sums owing to Plaintiff as a result of sales of perishable agricultural commodities to Sunbelt Fruit Vegetable Co., Inc. The awards against Fidelity Factors, L.L.C. and James Heffington, Sr. shall bear interest at the rate of 2.25% per annum from July 26, 2000 until paid.