United States District Court, D. Colorado
ORDER AWARDING PLAINTIFF DAMAGES AND GRANTING
PLAINTIFF'S MOTION FOR ATTORNEY FEES AND COSTS
CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE.
matter is before the Court upon Plaintiff Rakesh
Mahajan's Updated Declaration Calculating Damages (Doc.
## 73, 73-1) and his Motion for Attorney Fees and Costs (Doc.
# 74). For the reasons described below, the Court awards
damages to Plaintiff and grants his Motion for Attorney Fees
Court's January 31, 2019 Order Granting Plaintiff's
Motion for Summary Judgment provides a thorough recitation of
the factual and procedural background of this case.
See (Doc. # 72.) That Order is incorporated herein
by reference, and the facts will be repeated only to the
extent necessary to address the filings presently before the
initiated this action on March 5, 2018, asserting two causes
of action: (1) breach of contract of three Notes against
Defendant Boxcar Holdings, LLC (“Defendant
Boxcar”), and (2) breach of contract of a Guaranty
against Defendants Nick Gulotta and Carrie Gulotta (the
“Gulotta Defendants”). (Doc. # 8.)
January 31, 2019, this Court entered summary judgment in
Plaintiff's favor on both claims. (Doc. # 72.) As to
damages, because it had been nearly five months since
Plaintiff last calculated the damages he was due under the
three Notes and the Guaranty, the Court ordered Plaintiff to
submit an updated affidavit as to principal and interest
Defendants owed him. (Id. at 15-16.) The Court gave
Defendants seven days from the date Plaintiff filed his
updated affidavit to file a response, if any, to
Plaintiff's calculation of damages. (Id. at 16.)
With respect to Plaintiff's request for attorney fees and
costs, the Court directed Plaintiff to file a motion within
thirty days. (Id.)
February 7, 2019, Plaintiff submitted an updated declaration
concerning his claim for damages. (Doc. # 73-1.) Defendants
have not responded to Plaintiff's calculation of damages.
February 13, 2019, Plaintiff filed his Motion for Attorney
Fees and Costs. (Doc. # 74.) Defendants have not filed any
responses to the Motion.
PLAINTIFF'S UPDATED DECLARATION CALCULATING
Court previously explained why Plaintiff was entitled to
summary judgment and an award of damages in its January 31,
2019 Order. See (Doc. # 72.) All that is left for
the Court is to determine the amount of damages Plaintiff is
entitled to recover from Defendants.
Updated Declaration Calculating Damages, Plaintiff
incorporated his previous declaration regarding damages (Doc.
# 49-1 at 109-11), which in turn incorporated a
previously-filed explanation of how he calculated damages
under the Notes and Guaranty, see (Doc. # 33). The
Court is satisfied by Plaintiff's Updated Declaration and
the explanations he incorporates from previous filings
because Plaintiff clearly and concisely shows how he
calculated damages by way of a chart that takes into account
the loan principals, interest rates, payments made, and late
fees. See (Doc. # 73-1 at 2.) Defendants have not
objected to Plaintiff's calculations.
the Court enters judgment in the amount of $1, 428, 590.88 in
favor of Plaintiff and against Defendant Boxcar for its
breach of contract of the three Notes. It enters judgment in
the amount of $857, 666.07 in favor of Plaintiff and against
the Gulotta Defendants for their breach of contract of the
PLAINTIFF'S MOTION FOR ATTORNEY FEES AND
asserts in his Motion for Attorney Fees and Costs that the
“unequivocal language” of the Notes and Guaranty
“require Defendants to reimburse [him] for his attorney
fees and costs incurred in enforcing the agreements.”
(Doc. # 74 at 1-2.) He requests that the Court “award
him $71, 577.65, his reasonable attorney fees and