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Magic Carpet Ski Lifts. Inc. v. S&A Co., Ltd.

United States District Court, D. Colorado

July 9, 2015

MAGIC CARPET SKI LIFTS, INC., a Colorado corporation, Plaintiff,
v.
S&A CO., LTD, a Korean corporation, Defendant.

ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Robert E. Blackburn Judge

The matter before me is the Recommendation of United States Magistrate Judge [#18], [1] filed June 8, 2015. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005). Finding no such error in the recommended disposition, I find and conclude that the magistrate judge’s recommendation should be approved and adopted.

THEREFORE, IT IS ORDERED as follows:

1. That the Recommendation of United States Magistrate Judge [#18], filed June 8, 2015, is approved and adopted as an order of this court; and

2. That plaintiffs Motion For Entry of Default Judgment [#12], filed November 25, 2014, is granted in part and denied as set forth in the magistrate judge’s recommendation;

3. That judgment of default shall enter on behalf of plaintiff, Magic Carpet Ski Lifts, Inc., a Colorado corporation, against defendant, S&A Co., Ltd., a Korean corporation, as to plaintiffs claim for breach of contract;

4. That plaintiff is awarded damages in the total amount of $141.939.75, representing: (a) actual damages of $112, 640; (b) compensatory damages for prejudgment interest as of November 24, 2014, of $24, 164.25; (c) reasonable attorney fees of $3, 125.50; and (d) costs of $2, 010.00;

5. That plaintiff further is awarded prejudgment interest at the rate of $55.55 per day accruing from November 24, 2014, to the date of the judgment, and post-judgment interest at the rate provided by 28 U.S.C. § 1961 from the date of the judgment until it is paid in full; and

6. That all other remaining claims in this suit are dismissed, and the case is closed.


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