Sunbelt Rentals, Inc. v. Perdomo National Wrecking Co., LLC
Sunbelt Rentals, Inc. v. Perdomo National Wrecking Co., LLC
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division SUNBELT RENTALS, INC. ) Plaintiff, v. Civil Action No. 1:20-cv-758 PERDOMO NATIONAL WRECKING CO., LLC, ) Defendant. ORDER On October 2, 2020, United States Magistrate Judge Theresa Carroll Buchanan entered a Report and Recommendation (the “Report”) in this case, recommending that default judgment be entered in favor of Plaintiff Sunbelt Rentals, Inc. and against Defendant Perdomo National Wrecking Co., LLC. Upon consideration of the record and Judge Buchanan’s Report, to which no objections have been filed, and having found no clear error,! The Court ADOPTS, as its own, the findings of fact and recommendations of the United States Magistrate Judge, as set forth in the Report (Dkt. 12). Accordingly, It is hereby ORDERED that plaintiff's motion for default judgment (Dkt. 8) is GRANTED.
' See Diamond v. Colonial Life & Acc. Ins. Co.,
416 F.3d 310, 315(4th Cir. 2005) (in the absence of any objections to a magistrate’s report, the court “need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.””).
Itis further ORDERED that DEFAULT JUDGMENT be entered in favor of Plaintiff and against Defendant. It is further ORDERED that default judgment is entered against Defendant Perdomo National Wrecking Co., LLC, and in favor of Plaintiff Sunbelt Rentals Inc. in an amount of $118,807.10 which consists of (i) $116,977.40 in unpaid invoices and service charges; and (ii) $1,829.70 in prejudgment interest from May 16, 2020 to August 31, 2020 at six percent daily interest. It is further ORDERED that Plaintiff is also awarded interest on the $118,807.10 to accrue daily at a rate of six percent from August 31, 2020 to the date of the entry of this Order. It is further ORDERED that Plaintiff is entitled to reasonable attomey’s fees and costs related to this litigation. Plaintiff is DIRECTED to provide information regarding its reasonable attomey’s fees and costs within FOURTEEN DAYS of the entry of this Order. The Clerk of the Court is directed to enter Rule 58 judgment against Defendant Perdomo National Wrecking Co., LLC and in favor of Plaintiff Sunbelt Rentals, Inc. in the amount of $118,807.10 plus prejudgment interest at the rate of six percent daily from August 31, 2020 to the date of the entry of this Order and post-judgment interest at the rate for federal judgments from the date of the entry of this Order until the judgment is satisfied. The Clerk is further directed to provide a copy of this Order to all counsel of record, to Defendant’s last known addresses of record, and to place this matter among the ended causes.
Alexandria, Virginia October 21, 2020 T. S. Ellis, I ; □ ; United States District Judge
Reference
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