Opinion
Civil Action 2:17-807
09-15-2022
Cynthia Reed Eddy United States Chief Magistrate Judge
MEMORANDUM ORDER
Cathy Bissoon United States District Judge
This case has been referred to United States Chief Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.
On July 11, 2022, Judge Eddy issued a Report (“R&R,” Doc. 269) recommending the Motion for Default Judgment filed by Plaintiff Washington County Family Entertainment, LLC (“Plaintiff”) against pro se Defendant Derrick Robinson (“Robinson”) (Doc. 237), be granted.
Objections to the R&R were due no later than July 25, 2022 (Doc. 269), but no objections were filed. After a de novo review of the Second Amended Complaint, the Motion for Default Judgment, the Request for Entry of Default (Doc. 174), and all related briefing and exhibits, together with the R&R, it is hereby ORDERED that the Motion for Default Judgment filed by Plaintiff against Defendant Derrick Robinson (Doc. 237), is GRANTED and that Judge Eddy's R&R (Doc. 269) is ADOPTED as the opinion of the district court.
It is FURTHER ORDERED that Judgment by Default is hereby entered against Defendant Robinson, for failure to answer, and in favor of Plaintiff as follows:
1. A final judgment is entered in favor of Plaintiff and against Derrick Robinson, jointly and severally with other Defendants, in the amount of $1,085,916.96 [ ;
This amount consists of: fraudulently converted interstate wire payments in the amount of $259,500.00; external costs, fees, and expenses incurred by Plaintiff in the amount of $67,186.32; and internal costs incurred by Plaintiff in the amount of $35,286.00 for a total of $361,972.32. This amount was then trebled pursuant to 18 U.S.C. § 1964(c) for a total of: $1,085,916.96. Plaintiff also seeks mitigation losses in the amount of $173,185.62 (see Doc. 237, Exs. 1&2); however, Plaintiff has not explained how this alleged loss was incurred or calculated. Therefore, the Court has not included this amount in the total at this time.
2. Plaintiff shall be awarded post-judgment interest at the applicable statutory rate against Robinson, jointly and severally with other Defendants, from the date the judgment is entered; and
3. Plaintiff is awarded attorneys' fees and costs against Robinson, jointly and severally with other Defendants, in the amount of $470,273.53.[
This amount reflects attorneys' fees incurred through December 3, 2021 as set forth in the Declaration of Ryan James, Esquire, Plaintiff's primary counsel. (Doc. 237-2). The Court finds that the requested fees are reasonable given the complexity of the matters, the number of parties involved and the prevailing hourly rates in this community.
IT IS SO ORDERED.