Opinion
08-20-2013
GOFF DAIRY, LLC, Plaintiff, v. MARK A. HENRY, JR., doing business as HENRY FARMS, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
THIS MATTER is before the Court on the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 40] ("PF&RD"), issued on July 30, 2013. On reference by the Court, [Doc. 21], the Honorable Stephan M. Vidmar, United States Magistrate Judge, recommended that Plaintiff's Motion for Default Judgment [Doc. 28] be granted in part and denied in part, and that default judgment be entered in favor of Plaintiff in the amount of $852,984, plus pre- and post-judgment interest at 8.75%. [Doc. 40] at 5-6. No objections to the PF&RD have been filed, and the time for doing so has passed.
IT IS THEREFORE ORDERED, ADJDUGED, AND DECREED that the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 40] are ADOPTED.
IT FURTHER ORDERED that Plaintiff's Motion for Default Judgment [Doc. 28] is GRANTED in part, such that default judgment be entered in favor of Plaintiff in the amount of $852,984, plus pre-judgment interest at 8.75%, to wit $142,522.56 [$204.48 per day, starting Oct. 10, 2011 (date Complaint was filed) to today, August 20, 2013, plus post-judgment interest at 8.75%.
IT IS FURTHER ORDERED that Plaintiff's Motion for Default Judgment [Doc. 28] is DENIED in part, such that Plaintiff's request for default judgment with respect to attorney's fees, costs, and punitive damages is denied.
IT IS SO ORDERED.
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JUDITH C. HERRERA
United States District Judge