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finding "the post-judgment interest rate applicable in this action should be the rate governed by 28 U.S.C.1961, not the 10% interest rate applicable to delinquencies" where plaintiffs relied upon contractual provisions that "do not expressly state that the parties agree to a specified post-judgment interest rate, nor expressly state that the parties agree to contract around 28 U.S.C. § 1961"
Summary of this case from Bds. of Trs. of Sheet Metal Workers Pension Tr. v. CER Mech. Corp.Opinion
No. C 13-00496 JSW
09-17-2014
F. G. CROSTHWAITE, et al., Plaintiffs, v. TIM KRUSE CONSTRUCTION, INC, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court upon consideration of the Report and Recommendation ("Report") prepared by Magistrate Judge Nandor J. Vadas, in which he recommends that the Court grant Plaintiffs' motion for default judgment against defendant Tim Kruse Construction, Inc. The deadline to file objections to the Report has passed. The Court finds the report through and well reasoned and adopts it in every respect.
Accordingly, Plaintiffs' motion for default judgment is granted as set forth in the Report (Docket No. 60). The Court shall enter a separate judgment, and the Clerk shall close the file.
IT IS SO ORDERED. Dated: September 17, 2014
/s/_________
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE