Opinion
Civil Case No. 11-cv-1453-REB-KMT
06-25-2012
DERRICK a. QUALS, HYBRID FINANCE, LIMITED, an Israeli company, and F CUBED.ca INVESTMENTS, LIMITED a Canadian company, Plaintiffs, v. WGC GROUP, INC. a Nevada company, GEOFFREY H. LUNN, MICHAEL SCHMIDT, and VINCENT CURRY Defendants.
Judge Robert E. Blackburn
ORDER GRANTING MOTION TO CORRECT CLERICAL ERRORS
Blackburn, J.
The matter before me is Defendant [sic] Hybrid Finance, Ltd.'s Motion To Correct Clerical Errors in Order Granting Plaintiff Hybrid Finance Ltd.'s Second Motion for Default Judgment [#28] [#30] filed June 20, 2012. Plaintiff points out limited but critical clerical errors in my Order granting its motion for default judgment. The motion is well-taken and will be granted.
"[#30]" is an example of the convention I use to identify the docket number assigned to a specific paper by the court's electronic case filing and management system (CM/ECF). I use this convention throughout this order.
Plaintiff's estimable candor in pointing out the court's error in awarding it $50,000 more than requested by its motion for default judgment is noted and appreciated.
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THEREFORE, IT IS ORDERED as follows:
1. That Defendant [sic] Hybrid Finance, Ltd.'s Motion To Correct Clerical Errors in Order Granting Plaintiff Hybrid Finance Ltd.'s Second Motion for Default Judgment [#28] [#30] filed June 20, 2012, is GRANTED; and
2. That the Order Granting Plaintiff Hybrid Finance, Ltd's Second Motion for Default Judgment [#28] filed June 6, 2012, SHALL BE AMENDED in the following particulars:
a. That the final, partial, paragraph on page 2 is AMENDED to read: "Plaintiff thus seeks to recover the $200,000 it invested in the fraudulent scheme perpetuated by defendants";
b. That the first sentence of footnote 4, page 3, is AMENDED to read: "Although plaintiff requests that pre-judgment interest run from 'October, 2010,' the evidence establishes that the $200,000 was wired to Curry on October 28, 2010";
c. That paragraph 2, page 3, is AMENDED to provide: "That default judgment SHALL ENTER on behalf of plaintiff, Hybrid Finance Limited, an Israeli company, against defendants WGC Group Inc., a Nevada corporation, Geoffrey H. Lunn, and Vincent Curry on plaintiff's claim for relief for unjust enrichment'; and
d. That paragraph 3, page 3, is AMENDED to provide: "That plaintiff is AWARDED damages against defendant WGC Group Inc., Geoffrey H. Lunn, and Vincent Curry, jointly and severally, in the amount of $200,000."
Dated June 25, 2012, at Denver, Colorado.
BY THE COURT:
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Robert E. Blackburn
United States District Judge