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07-1526 - Sierra Petroleum Company, Inc. v. YSM, Inc. et al


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07-1526 - Sierra Petroleum Company, Inc. v. YSM, Inc. et al
January 2, 2008
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REPORT AND RECOMMENDATION 1. That the Motion of the Plaintiff to Amend the Pretrial Order 27 be denied as moot. 2. That the Motion of the Plaintiff for Sanctions [Docket No. 39] be granted. 3. That the Clerk of Court be directed to strike the Defendants Answer, and to enter a default against the Defendants. 4. That the Clerk of Court be directed to enter a Default Judgment against the Defendants, jointly and severally, in the amount of $125,365.49, exclusive of interest, fees, costs, and expenses.5. That the Clerk of Court be directed to compute prejudgment interest, at the rate of five percent, pursuant to Minnesota Statutes Section 549.09, Subdivision 1. 6. That the Defendants be directed to pay the Plaintiff's costs, fees, and expenses, in an amount to be determined. Objections to R&R due by 1/18/2008. Signed by Chief Magistrate Judge Raymond L. Erickson on 01/02/2008. (jz)
January 22, 2008
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DOCUMENT FILED IN ERROR: PAGE MISSING. ORDER ADOPTING REPORT AND RECOMMENDATION. 53 IT IS ORDERED: 1. That the Motion of the Plaintiff to Amend the Pretrial Order [Docket No. 27] is denied as moot. 2. That the Motion of the Plaintiff for Sanctions [Docket No. 39 ] is granted. 3. That the Clerk of Court is directed to strike the Defendants' Answer, and to enter a default against the Defendants. 4. That the Clerk of Court is directed to enter a Default Judgment against the Defendants, jointly and severally, in the amount of $125,365.49, exclusive of interest, fees, costs, and expenses. 5. That the Clerk of Court is directed to compute prejudgment interest, at the rate of five percent, pursuant to Minnesota Statutes Section 549.09, Subdivision 1. 6. That the Defendants are directed to pay the Plaintiff's costs, fees, and expenses, in an amount to be determined. 7. The Motion for Summary Judgment of the Plaintiff [Docket No. 33] is denied, as moot. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz on 1/22/08. (sf) Modified on 1/23/2008 (kt).