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06-2742 - Team Air Express, Inc. v. A. Heffco Technologies, Inc.


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06-2742 - Team Air Express, Inc. v. A. Heffco Technologies, Inc.
August 6, 2008
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Report and Recommendations re 36 Order on Motion for Entry of Default; 41 Letter filed by Team Air Express, Inc.; 44 Letter filed by Team Air Express, Inc.: For the reasons set forth in the Report, the Court respectfully recommends that default judgment be entered in favor of the plaintiff and that plaintiff be awarded $73,181.03 in damages as a result of the breach of contract by A. Heffco Technologies, Inc., less any amount plaintiff is able to recover by selling any inventory remaining in its warehouse, and that plaintiff be awarded $23,915.53 in fees and costs. It is respectfully recommended that plaintiff be given until August 13, 2008 to supplement their submissions regarding an award of interest on damages. It is further recommended that plaintiffs motion to amend be denied. Ordered by Magistrate Judge Cheryl L. Pollak on 8/06/08. (Harrington, Tim)
September 3, 2008
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SUPPLEMENTAL REPORT AND RECOMMENDATION re 47 and 48 It is respectfully recommended that plaintiff be awarded a total of $119,662.99 in principal and prejudgment interest pursuant to clause 16 of the Conditions of Contract, less the $10,744.25 held in escrow, for a total of $108,918.74. Therefore, the total recommended award, including attorneys fees of $23,915.53, is $132,834.27, plus an award of prejudgment interest of 1.5% on the unpaid principal of $85,459.43, in accordance with clause 16 of the Conditions of Contract, for the period from the date of the inquest hearing until the date default judgment is entered by the district court. In addition, it is recommended that plaintiff be awarded postjudgment interest as calculated by the Clerk of the Court. Objections to R&R due by 9/22/2008. So Ordered by Magistrate Judge Cheryl L. Pollak on 9/3/08. (Caggiano, Diana)
October 28, 2008
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MEMORANDUM AND ORDER Plaintiffs motion for default judgment against defendant is granted, but plaintiffs motion to amend the complaint is denied as futile. The Clerk of Court is hereby directed to enter judgment for plaintiff against defendant A. Fleffco in the total amount of $108,918.74, which is comprised of $119,662.99 in principal arid prejudgment interest, pursuant to clause 16 of theConditions of Contract, for the period between May 4, 2006 and April 21, 2008, the date of the inquest hearing, less the $10,744.25 held in escrow. Plaintiff is also awarded $23,915.53 in fees and costs, plus an award of prejudgment interest of 1.5% on the unpaid principal of $85,459.43, in accordance with clause 16 of the Conditions of Contract, for the period from April 21, 2008,the date of the inquest hearing, until the date judgment is entered by the Clerk of Court and granting 49 Report and Recommendations.; (Credle, Rita)