Mazuma Capital v. Bluewater Equipment Rentals et al
| Mazuma Capital |
| Bluewater Equipment Rentals, Wadleigh Energy Group, Mega International, Harley Crane Services, Wadleigh & Associates, Ralf J. Wadleigh and Michelle L. Wadleigh |
| 2:2008cv00538 |
| July 16, 2008 |
| US District Court for the District of Utah |
| Contract: Other Office |
| Salt Lake |
| Dee Benson |
| Defendant |
| Diversity |
| 28:1332 Diversity-Other Contract |
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Filing
65
MEMORANDUM DECISION granting in part and denying in part 42 Motion for Summary Judgment. As a matter of law, Bluewater materially breached the lease agreement, relieving Mazuma of any duty to rewrite the lease. Mazuma is entitled to (1) Immediate p ossession of equipment, with proceeds from disposal to be deducted from Bluewater's outstanding obligations, (2) Damages of $1,055,400.12 for future monthly payments during the base period, discounted at 7% per annum, (3) Interest on & #036;1,055,400.12 at a rate of 18% per annum from the date of this order is entered until that sum is paid, and (5) Reasonable attorneys' fees and costs. With respect to damages sought for payments relating to the continuation period and for the alleged late fees, Mazuma's motion is DENIED. Finally, with respect to Bluewater's counterclaims, Mazuma's motion is GRANTED and the counterclaims are DISMISSED WITH PREJUDICE. Signed by Judge Dee Benson on 4/20/2009. (rlr)
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