Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Family Tree Farms, LLC v. Alfa Quality Produce

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 17, 2009

FAMILY TREE FARMS, LLC, PLAINTIFF,
v.
ALFA QUALITY PRODUCE, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER RE: FINDINGS AND RECOMMENDATIONS RE: PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AND REQUEST FOR JUDICIAL NOTICE (DOCS. 38, 31, 33) ORDER DIRECTING ENTRY OF JUDGMENT FOR PLAINTIFF AND AGAINST DEFENDANTS

Plaintiffs are proceeding with a civil action in this Court and have filed a motion for default judgment against two defendants. The matter came before the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rule 72-302(c)(19).

On March 5, 2009, the Magistrate Judge filed findings and a recommendation that Plaintiff's motion for default judgment against Defendants Alfa Qualify Produce, Inc., and Mouiz Khalifeh be granted, and that judgment be entered in favor of Plaintiff and against Defendants. The findings and recommendation were served on all parties on March 5, 2009, and contained notice that any objections to the findings and recommendations were to be filed within thirty (30) days of the date of service of the order. The time period for filing objections has run, and no party has filed any objections.

In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the report and recommendation are supported by the record and proper analysis.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendation filed March 5, 2009, are ADOPTED IN FULL; and

2. Plaintiff's motion for judicial notice IS GRANTED; and

3. Plaintiff's motion for default judgment IS GRANTED; and

4. The Clerk IS DIRECTED TO ENTER judgment in favor of Plaintiff Family Tree Farms, LLC, and against Defendant Alfa Quality Produce, Inc., on all claims, for $117,727.70 in damages; $1617.50 in costs; prejudgment interest at the rate of ten per cent per annum to run beginning on April 8, 2008, the date of the filing of the complaint; and post-judgment interest at the federal rate pursuant to 28 U.S.C. § 1961, to be calculated "from the date of the entry of judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the judgment"; and

4) The Clerk IS DIRECTED TO ENTER judgment in favor of Plaintiff Family Tree Farms, LLC, and against Defendant Mouiz Khalifeh, on Plaintiff's third and fourth claims for fraud and negligent misrepresentation, for $117,727.70 in damages; $1617.50 in costs; prejudgment interest at the rate of seven per cent per annum to run beginning on April 8, 2008, the date of the filing of the complaint; and post-judgment interest at the federal rate pursuant to 28 U.S.C. § 1961, to be calculated "from the date of the entry of judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of the judgment."

IT IS SO ORDERED.

20090417

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.