M&T Capital and Leasing Corp. v. Northpoint Transportation Inc. ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 M&T CAPITAL AND LEASING No. 2:23-cv-00656-JAM-CKD CORPORATION, 12 ORDER Plaintiff, 13 (ECF No. 16.) v. 14 NORTHPOINT TRANSPORTATION, 15 INC, et al., 16 Defendants. 17 18 On April 25, 2024, the magistrate judge filed findings and recommendations (ECF No. 19 16), which were served on the parties and which contained notice that any objections to the 20 findings and recommendations were to be filed within fourteen (14) days. No objections were 21 filed. Accordingly, the court presumes that any findings of fact are correct. See Orand v. United 22 States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are 23 reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 24 1983). 25 The court has reviewed the applicable legal standards and, good cause appearing, 26 concludes that it is appropriate to adopt the findings and recommendations in full. Accordingly, 27 IT IS HEREBY ORDERED that: 28 1. The findings and recommendations (ECF No. 16) are ADOPTED IN FULL; 1 2. Plaintiff’s motion for default judgment against defendant (ECF No. 10) is GRANTED in 2 PART; 3 3. Plaintiff is awarded final judgment in the amount of $2,342,933.29; 4 4. Plaintiff is awarded pre-judgment interest from August 30, 2023, through entry of 5 judgment at a rate of 18 % per annum and based on a 365-day year (a daily rate of 6 approximately $1,955.46); 7 5. Plaintiff is awarded post-judgment interest at the federal rate; and 8 6. Plaintiff’s request to recover attorneys’ fees for out-of-state counsel who have not been 9 admitted pro hac vice is DENIED. 10 Dated: May 23, 2024 /s/ John A. Mendez 11 THE HONORABLE JOHN A. MENDEZ SENIOR UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28