Opinion
Civil Action 4:23-cv-00708
08-28-2023
VASS PIPE & STEEL CO INC, Plaintiff, v. KN EQUIPMENT INC, Defendant.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
HON. CHARLES ESKRIDGE UNITED STATES DISTRICT JUDGE
Plaintiff filed a complaint against Defendant KN Equipment, Inc to recover for unpaid invoices. Dkt 1. Plaintiff filed a return of service indicating that Defendant was served on March 21, 2023. Dkt 5. Defendant didn't answer or otherwise respond to the complaint, and the clerk entered default on May 18, 2023. Dkt 11. Plaintiff then filed a motion for default judgment supported by evidence of its damages. Dkts 9, 12 & 14.
Pending is a Memorandum and Recommendation by Magistrate Judge Christina A. Bryan dated July 28, 2023, recommending that default judgment be entered awarding Plaintiff $75,271.34 in actual damages, $3,887.50 in attorney's fees, $512.20 in costs, and prejudgment and postjudgment interest. Dkt 15.
The district court reviews de novo those conclusions of a magistrate judge to which a party has specifically objected. See FRCP 72(b)(3) & 28 USC § 636(b)(1)(C); see also United States v Wilson, 864 F.2d 1219, 1221 (5th Cir 1989, per curiam). The district court may accept any other portions to which there's no objection if satisfied that no clear error appears on the face of the record. See Guillory v PPG Industries Inc, 434 F.3d 303, 308 (5th Cir 2005), citing Douglass v United Services Automobile Association, 79 F.3d 1415, 1430 (5th Cir 1996, en banc); see also FRCP 72(b) advisory committee note (1983).
No party filed objections. No clear error otherwise appears upon review and consideration of the Memorandum and Recommendation, the record, and the applicable law.
The Memorandum and Recommendation of the Magistrate Judge is ADOPTED as the Memorandum and Order of this Court. Dkt 15.
A final judgment will enter by separate order.
SO ORDERED.