Summary
The United States District Court for the District of Colorado adopted a magistrate judge’s recommendation and granted Lead Real Estate Co., Ltd.’s motion for default final judgment against BF Borgers CPA PC. The court awarded restitution, compensatory damages, prejudgment and post-judgment interest, and litigation costs based on the defendant’s substantial breach of accounting and auditing agreements and related claims. The plaintiff was ordered to submit its prejudgment-interest calculations within ten days.
Holdings
- When no party objects to a magistrate judge's recommendation, the district court may review it under any appropriate standard and may adopt it when satisfied that it is sound and contains no clear error on the face of the record.
- Default final judgment was warranted against Defendant, which failed to appear or respond after service, and Plaintiff was entitled to the damages and interest awarded in the adopted recommendation.
Questions Presented
- Whether the court should adopt an unchallenged magistrate judge's recommendation granting default final judgment.
- Whether Plaintiff was entitled to restitution, compensatory damages, prejudgment interest, post-judgment interest, and litigation costs following Defendant's default and substantial breach of the parties' agreements.
Disposition
other
Cases Cited (2)
- Summers v. State of Utah, 927 F.2d 1165, 1167 (10th Cir. 1991)(followed)
- Thomas v. Arn, 474 U.S. 140, 150 (1985)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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