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Mahajan v. Boxcar Holdings, LLC

United States District Court, D. Colorado

April 23, 2019

RAKESH MAHAJAN, Plaintiff,
v.
BOXCAR HOLDINGS, LLC, a Colorado LLC, NICK GULOTTA, and CARRIE GULOTTA, Defendants.

          ORDER AWARDING PLAINTIFF DAMAGES AND GRANTING PLAINTIFF'S MOTION FOR ATTORNEY FEES AND COSTS

          CHRISTINE M. ARGUELLO UNITED STATES DISTRICT JUDGE.

         This 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 and Costs.

         I. BACKGROUND

         The 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 Court.

         Plaintiff 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.)

         On 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.)

         On 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.

         On February 13, 2019, Plaintiff filed his Motion for Attorney Fees and Costs. (Doc. # 74.) Defendants have not filed any responses to the Motion.

         II. PLAINTIFF'S UPDATED DECLARATION CALCULATING DAMAGES

         The 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.

         In his 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.

         Accordingly, 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 Guaranty.

         III. PLAINTIFF'S MOTION FOR ATTORNEY FEES AND COSTS

         Plaintiff 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 ...


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