Hitachi Medical Systems America, Inc. v. Lubbock Open MRI, Inc. et al
| Hitachi Medical Systems America, Inc. |
| Lubbock Open MRI, Inc., Farmington Open MRI, Open Air MRI of Lubbock, Ltd., Open MRI of New Mexico, LLC, RKCO, Inc., R&R MRI Leasing, Inc., Trans-Pecos Open MRI, Ltd. and Open Air MRI of Texas, Inc. |
| 5:2009cv00847 |
| April 14, 2009 |
| US District Court for the Northern District of Ohio |
| Contract: Other Office |
| Summit |
| Sara Lioi |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Breach of Contract |
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Filing
72
Opinion and Order: Judgment shall be entered in favor of Plaintiff Hitachi and against Lubbock and the Defaulting Defendants as follows: Compensatory damages in the amount of $170,606.90 against Lubbock, attorney's fees in the amount of $9,773.00 against Lubbock, costs in the amount of $547.57 against Lubbock, plus prejudgment interest at the rate of 1.5% per month, accruing from December 1, 2007, and post judgment interest at the rate of 1.5% per month, accr uing from November 5, 2010; and Compensatory damages in the amount of $747,296.45 ($664,796.45 in contract damages and $82,500 for detrimental reliance) against the Defaulting Defendants, jointly and severally, attorney's fees in the amount of $9,773.00 against the Defaulting Defendants, also jointly and severally, prejudgment interest at the rate of 1.5% per month, accruing from (a) December 18, 2007 with respect to the $205,675.20 unpaid balance on Unit C493, (b) January 1, 2008 with respect to the $237,746.25 unpaid balance for Unit H720, and (c) May 1, 2008 with respect to the $221,375.00 unpaid balance for Unit H743, and post judgment interest at the rate of 1.5% per month, accruing from November 5, 2010. This case is closed. (Related Doc # 71 ). Judge Sara Lioi on 12/10/2010. (P,J)
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Filing
69
Opinion and Order: Plaintiff's motion for entry of default judgment is granted. (Related Doc # 66 ). Judgment shall be entered against Defendants Farmington Open MRI, Open MRI of New Mexico, LLC, R&R Leasing Inc., and Trans-Pecos Open MR I, Ltd. The Court will conduct a hearing as to the amount of damages on December 1, 2010 at 2:00 p.m. Prior to the date of the hearing, but by no later than 2:00 pm on November 22, 2010, Plaintiff shall submit to this Court proof of its damages, fees , costs, and interest, along with a proposed order. If Plaintiff's counsel is of the view that a hearing is not necessary because the materials submitted are sufficient to determine and award an amount certain, the Court will entertain a motion to cancel the hearing and to enter a final award of damages in favor of Plaintiff. Judge Sara Lioi on 11/5/2010. (P,J)
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Filing
48
Opinion and Order: Hitachi's motion for default judgment against Defendant Trans-Pecos (Related Doc # 43 ) is denied without prejudice, pending disposition of this case against the appearing defendants. Defendant Trans-Pecos, its default having been noted, is barred from participating in the merits aspect of this case. The Court will, if appropriate, hold a hearing to establish damages pursuant to Fed. R. Civ. P. 55(b)(2) at a future date. Judge Sara Lioi on 4/22/2010.(P,J)
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