Opinion
Case No. 2:02-CV-266 TS
December 11, 2003
This matter came before the court on September 23, 2003, for hearing on Plaintiffs' Motion for Default Judgment. On October 8, 2003, Plaintiffs withdrew their Opposition to the Motion to Dismiss filed by defendants Leslie and Diane Barlow (the Barlow Defendants). The Barlow Defendants are acting pro se. The court finds, and the Plaintiffs now concede, that the Barlow Defendants' Motion to Dismiss should be granted because Plaintiffs' claims against the Barlow Defendants were discharged by operation of law, pursuant to the Barlows' petition for relief under Chapter 7 of the Bankruptcy Code, filed in the United States Bankruptcy Court, Central District of California, Case No. 00-13385, Parker v. Parker, 313 F.3d 1267, 1269 (10th Cir. 2002),
Plaintiffs obtained default judgment against Defendant Home Industries on January 7, 2003. The court having reviewed the exhibits filed at the hearing on Plaintiffs' Motion for a Default Judgment and Plaintiffs' Court Memorandum Re: Prejudgment Interest, the court finds that Plaintiffs should be awarded damages against Defendant Home Industries as follows: $63,433.22 for past medical expenses and $81,000.00 for lost wages, for a total of $146,433.22; plus prejudgment interest on the amount of $146,433.22 from March 1995, through the date of entry of this judgment. In addition, Plaintiffs are awarded damages in the amount of $61,725.76 for personal property, an amount not subject to prejudgment interest. Post-judgment interest will be at the rate set by law for federal judgments. It is therefore
ORDERED that Leslie Barlow's and Diane Barlow's Motion to Dismiss the Complaint is GRANTED. It is further
ORDERED that Plaintiffs' Motion for Entry of Judgment is GRANTED and the Clerk of Court shall enter judgment in favor of Plaintiffs and against Defendant Home Industries as set forth above.