Sunbelt Rentals, Inc. v. Allen Engineering Contractor, Inc. ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUNBELT RENTALS, INC., No. 2:20-cv-01246 MCE CKD 12 Plaintiff, ORDER 13 v. 14 ALLEN ENGINEERING CONTRACTOR, INC.; UNION PACIFIC 15 RAILROAD CO.; SOUTHERN PACIFIC CO.; and ROGER A TATE, 16 Defendants. 17 18 19 On October 06, 2020, the magistrate judge filed findings and recommendations herein 20 which were served on the parties and which contained notice that any objections to the findings 21 and recommendations were to be filed within fourteen days. No objections were filed. 22 Accordingly, the court presumes that any findings of fact are correct. See Orand v. 23 United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 24 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 25 1983). 26 The court has reviewed the applicable legal standards and, good cause appearing, 27 concludes that it is appropriate to adopt the Proposed Findings and Recommendations in full. 28 //// 1 Accordingly, IT IS ORDERED that the Proposed Findings and Recommendations filed 2 || October 06, 2020, are ADOPTED, and: 3 1. Sunbelt Rentals, Inc.’s motion for default judgment (ECF No. 16) is GRANTED 4 as to Allen Engineering Contractor, Inc. and DENIED as to Roger A. Tate; 5 2. Judgment is entered in Sunbelt Rentals, Inc.’s favor and against Allen Engineering 6 Contractor, Inc.; 7 3. The Clerk is directed to vacate the entry of default as to Roger A. Tate (ECF No. 8 15); 9 4. Sunbelt Rentals, Inc. is awarded $79,289.78 in damages for breach of contract and 10 $4,963.84 in pre-judgment interest, for a total amount of $84,253.62. This sum 11 shall bear post-judgment interest at the rate of 0.12 percent; and 12 5, Sunbelt Rentals, Inc. shall recover its taxable costs of suit. 13 IT IS SO ORDERED. 14 Dated: January 19, 2021 fi AK, rlASX Is Marlies 16 17 18 19 20 21 22 23 24 25 26 27 28