(PS) Quantum Capital Funding Corporation v. PDI Group, Inc. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 QUANTUM CAPITAL FUNDING No. 2:18-cv-03279-WBS-KJN PS CORPORATION, 12 Plaintiff, 13 ORDER GRANTING FINAL JUDGMENT v. 14 (ECF Nos. 54, 57, 59) PDI GROUP, INC.; RG GROUP, LLC; 15 JOHN F. GEHM, JR.; JOHN F. GEHM, III; and DOES 1 through 25, 16 inclusive, 17 Defendants. 18 19 On July 27, 2022, the magistrate judge filed findings and recommendations (ECF No. 59), 20 which were served on all parties who have appeared and which contained notice that any 21 objections to the findings and recommendations were to be filed within fourteen (14) days. No 22 objections were filed. Accordingly, the court presumes that any findings of fact are correct. See 23 Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of 24 law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th 25 Cir. 1983). 26 The court has reviewed the applicable legal standards and, good cause appearing, 27 concludes that it is appropriate to adopt the findings and recommendations in full. 28 /// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations (ECF No. 59) are ADOPTED IN FULL; 3 2. Plaintiff’s renewed motion for default judgment (ECF No. 54) is GRANTED; 4 3. Plaintiff’s motion for partial voluntary dismissal (ECF No. 57) is GRANTED and the 5 Fifth and Sixth Causes of Action in the complaint are DISMISSED in their entirety, 6 without prejudice; 7 4. Judgment on all remaining causes of action in the complaint is entered in favor of plaintiff 8 and against defendants PDI Group, Inc.; RG Group, LLC; John F. Gehm, Jr.; and John F. 9 Gehm, III; 10 5. Compensatory damages are awarded against all defendants, jointly and severally, in the 11 amount of $772,334.56; 12 6. Additional compensatory damages are awarded against RG Group, LLC, in the amount of 13 $1,002,621.00; 14 7. Prejudgment interest is awarded against all defendants, jointly and severally, in the 15 amount of $127,229.28 and continuing at a rate of $105.76 per day from April 15, 2022 16 until the date of entry of this judgment; 17 8. Additional prejudgment interest is awarded against RG Group, LLC, in the amount of 18 $162,020.04 and continuing at a rate of $134.68 per day from April 15, 2022 until the date 19 of entry of this judgment; 20 9. Plaintiff is awarded attorneys’ fees against all defendants, jointly and severally, in the 21 amount of $45,603.50; 22 10. Plaintiff is awarded costs against all defendants, jointly and severally, in the amount of 23 $2,816.10; 24 11. All cross claims asserted by defendants RG Group and John Gehm III against cross- 25 defendants PDI Group and/or John Gehm, Jr., are DISMISSED with prejudice for failure 26 to prosecute under Fed. R. Civ P. 41(b); and 27 /// 28 /// 1 12. The Clerk of Court is directed to enter final judgment in accordance with this Order and to 2 close this case. . 3 | Dated: August 15, 2022 rh hla A ih bee WILLIAM B. SHUBB 4 UNITED STATES DISTRICT JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28