Old Republic National Title Insurance Company v. Johnson

Justia Dockets & Filings Ninth Circuit Hawaii District Court Old Republic National Title Insurance Company v. Johnson

Old Republic National Title Insurance Company v. Johnson

Plaintiff:	Old Republic National Title Insurance Company
Defendant:	Thomas Moses Johnson, III
Case Number:	1:2009cv00445
Filed:	September 21, 2009
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	KEVIN S.C. CHANG
Presiding Judge:	SUSAN OKI MOLLWAY
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	None

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Date Filed	Document Text
October 26, 2010	Filing 40 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION 39 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/26/10. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of this document shall be served by First Class Mail to Thomas Moses Johnson, III at 520 Lunalilo Home Road, Unit 104, Honolulu, HI 96825 and P. O. Box 700, Carlisle, PA 17013 on October 26, 2010. Modified on 10/26/2010 (emt, ).
October 7, 2010	Filing 39 FINDINGS AND RECOMMENDATION GRANTING PLAINTIFF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT, FILED APRIL 14, 2010 25 - Signed by JUDGE KEVIN S.C. CHANG on 10/7/10. ("IT IS HER EBY RECOMMENDED that the Motion is granted. A Default Judgment shall be entered in favor of Plaintiff Old Republic National Title Insurance Company and against Johnson as follows: 1. Plaintiff is awarded damages for breach of contract in the amount o f $ 223,784.46 (as of April 12,2010), plus interest that continues to accrue, as follows: (a) at the lower of the variable, contractual interest rate of 4.25% or the 6% statutory interest rate applied to Defendants' accounts per 5 0 U.S.C. Appx. § 527(a) until Judgment is entered; and then (b) interest at the Hawai'i statutory rate of 100/0 from entry of judgment until satisfaction; 2. Plaintiff is awarded its taxable costs and reasonable attorney's fees pursuan t to the terms of the Agreements and Hawai'i Revised Statute, § 607-14, through May 31,2010, (inclusive of tax) as follows: taxable costs in the amount of $549.13 and reasonable attorney's fees in the amount of $19,574.34, fo r a total of$ 20,123. 47, as supported by Plaintiff's counsel's declaration and supporting invoices dated June 3,2010, which supplements and updates Plaintiff's counsel's declaration dated April 14, 2010. 3. The Judgment sh all be entered as a final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure as there is no just reason for delay.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive el ectronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of this document shall be served by First Class Mail to Thomas Moses Johnson, III at 520 Lunalilo Home Road, Unit 104, Honolulu, HI 96825 and P. O. Box 700, Carlisle, PA 17013 on October 8, 2010.

Date Filed

Document Text

October 26, 2010

Filing 40 ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION 39 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/26/10. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of this document shall be served by First Class Mail to Thomas Moses Johnson, III at 520 Lunalilo Home Road, Unit 104, Honolulu, HI 96825 and P. O. Box 700, Carlisle, PA 17013 on October 26, 2010. Modified on 10/26/2010 (emt, ).

October 7, 2010

Filing 39 FINDINGS AND RECOMMENDATION GRANTING PLAINTIFF OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT, FILED APRIL 14, 2010 25 - Signed by JUDGE KEVIN S.C. CHANG on 10/7/10. ("IT IS HER EBY RECOMMENDED that the Motion is granted. A Default Judgment shall be entered in favor of Plaintiff Old Republic National Title Insurance Company and against Johnson as follows: 1. Plaintiff is awarded damages for breach of contract in the amount o f $ 223,784.46 (as of April 12,2010), plus interest that continues to accrue, as follows: (a) at the lower of the variable, contractual interest rate of 4.25% or the 6% statutory interest rate applied to Defendants' accounts per 5 0 U.S.C. Appx. § 527(a) until Judgment is entered; and then (b) interest at the Hawai'i statutory rate of 100/0 from entry of judgment until satisfaction; 2. Plaintiff is awarded its taxable costs and reasonable attorney's fees pursuan t to the terms of the Agreements and Hawai'i Revised Statute, § 607-14, through May 31,2010, (inclusive of tax) as follows: taxable costs in the amount of $549.13 and reasonable attorney's fees in the amount of $19,574.34, fo r a total of$ 20,123. 47, as supported by Plaintiff's counsel's declaration and supporting invoices dated June 3,2010, which supplements and updates Plaintiff's counsel's declaration dated April 14, 2010. 3. The Judgment sh all be entered as a final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure as there is no just reason for delay.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive el ectronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). A copy of this document shall be served by First Class Mail to Thomas Moses Johnson, III at 520 Lunalilo Home Road, Unit 104, Honolulu, HI 96825 and P. O. Box 700, Carlisle, PA 17013 on October 8, 2010.

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Plaintiff: Old Republic National Title Insurance Company
Represented By:	Stephen M. Tannenbaum
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Defendant: Thomas Moses Johnson, III
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