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08-2164 - Prestige Equipment Corporation v. Case Machinery et al


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08-2164 - Prestige Equipment Corporation v. Case Machinery et al
July 22, 2009
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Memorandum Opinion and Order that plaintiff's motion for default judgment as to defendant Art Olson (ECF 49) is Granted in the amount of $118,000, not including costs and attorney fees. Plaintiff may file a motion for an award of costs and attorney fees. Plaintiff's motion for summary judgment 51 as to Art Olson is rendered moot as a consequence of the Court's ruling on plaintiff's motion for default judgment against Art Olson. Based on an examination of plaintiff's motion and Art Olson's failure to establish material facts in dispute pursuant to Rule 56, summary judgment would warranted had the Court not granted plaintiff's motion for default judgment. The Court previously granted judgment on the pleadings against defendant Case and scheduled a hearing on damages, which was continued pending the Court's ruling on plaintiff's motions against Art Olson. See ECF 42, 43 and 55. The Court has found plaintiff's damages to be a sum certain - $118,000. Therefore, the Court concludes that a hearing is not necessary to determine damages with respect to the judgment against Case previously entered by the Court. Copy of this order mailed to Jeffrey C. Olson, L. Arthur Olson, Case Machinery C/O Jeffrey Olson and Case Machinery. Signed by Judge David D. Dowd, Jr. on 7/22/2009. (M,De)
July 22, 2009
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Judgment Entry that for the reasons set forth in the Memorandum Opinion and Order 59 filed contemporaneously with this Judgment Entry, default judgment is entered in favor of plaintiff, Prestige Equipment Corporation, against defendant, L. Arthur Olson. The Court previously entered judgment against defendant Case Machinery Co., LLC. See ECF 42. Judgment is entered in favor of plaintiff and against defendants L. Arthur Olson and Case Machinery Co., LLC, jointly and severally, in the amount of $118,000.00, not including costs and attorney fees. Copy of this entry mailed to all defendants on 7/23/2009. This case is closed. Signed by Judge David D. Dowd, Jr. on 7/22/2009. (M,De)
January 11, 2010
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Report and Recommendation: It is recommended that the Court rescind the referral in this matter, for the reasons set forth in this Report and Recommendation (Related document 62). Signed by Magistrate Judge George J. Limbert on 1/11/10. (S,AA)
February 2, 2010
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Order Adopting Report and Recommendation 69 and the referral is terminated. Signed by Judge David D. Dowd, Jr. on 2/1/2001. (M,De)