Scribd Logo
Upload

Welcome to Scribd!

  • 125 views

    Rivelli v. Chroma Medical, Inc. - Document No. 19

    Uploaded by

    Justia.com
    ORDER granting 15 MOTION to Reopen Case for Good Cause by Plaintiff and 16 MOTION for Judgment by Plaintiff. The Clerk is directed to reopen this case. That plaintiff is awarded judgment in the principal amount of $82,950.71 plus simple interest at five percent on the amount due from the date of judgment until paid in full. Signed by Judge Robert E. Blackburn on 7/24/06. (dln, ) 1:2005cv02675 Colorado District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd

    Rivelli v. Chroma Medical, Inc. - Document No. 19

    Uploaded by

    Justia.com
    125 views3 pages
    ORDER granting 15 MOTION to Reopen Case for Good Cause by Plaintiff and 16 MOTION for Judgment by Plaintiff. The Clerk is directed to reopen this case. That plaintiff is awarded judgment in the principal amount of $82,950.71 plus simple interest at five percent on the amount due from the date of judgment until paid in full. Signed by Judge Robert E. Blackburn on 7/24/06. (dln, ) 1:2005cv02675 Colorado District Court

    Copyright

    © Public Domain

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    ORDER granting 15 MOTION to Reopen Case for Good Cause by Plaintiff and 16 MOTION for Judgment by Plaintiff. The Clerk is directed to reopen this case. That plaintiff is awarded judgment in the principal amount of $82,950.71 plus simple interest at five percent on the amount due from the date of judgment until paid in full. Signed by Judge Robert E. Blackburn on 7/24/06. (dln, ) 1:2005cv02675 Colorado District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    125 views3 pages

    Rivelli v. Chroma Medical, Inc. - Document No. 19

    Uploaded by

    Justia.com
    ORDER granting 15 MOTION to Reopen Case for Good Cause by Plaintiff and 16 MOTION for Judgment by Plaintiff. The Clerk is directed to reopen this case. That plaintiff is awarded judgment in the principal amount of $82,950.71 plus simple interest at five percent on the amount due from the date of judgment until paid in full. Signed by Judge Robert E. Blackburn on 7/24/06. (dln, ) 1:2005cv02675 Colorado District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Rivelli v. Chroma Medical, Inc. Doc.

    19
    Case 1:05-cv-02675-REB-PAC Document 19 Filed 07/24/2006 Page 1 of 3

    IN THE UNITED STATES DISTRICT COURT


    FOR THE DISTRICT OF COLORADO
    Judge Robert E. Blackburn

    Civil Action No. 05-cv-02675-REB-PAC

    LOUIS E. RIVELLI,

    Plaintiff,

    v.

    CHROMA MEDICAL, INC. n/k/a CHROMA MEDICAL SYSTEMS, INC.,

    Defendant.
    _____________________________________________________________________

    ORDER GRANTING PLAINTIFF’S MOTION TO REOPEN


    AND MOTION FOR ENTRY OF JUDGMENT
    _____________________________________________________________________
    Blackburn, J.

    The matters before me are (1) Plaintiff Louis E. Rivelli’s Motion to Reopen

    Administratively Closed Civil Action For Good Cause [#15] filed July 3, 2006; and

    (2) Plaintiff Louis E. Rivelli’s Motion for Entry of Judgment [#16], filed July 3, 2006.

    I grant both motions.

    On February 21, 2006, this matter was administratively closed on the joint motion

    of the parties following notification that they had reached a settlement agreement. (See

    Order [#14], filed February 21, 2006.) Pursuant to the terms of the settlement,

    defendant was to pay plaintiff in monthly installments. Defendant made the initial

    installment payment of $4,000 and two subsequent payments of $2,000 each, but has

    failed to make any installment payment since May, 2006. On June 22, 2006, as

    required the terms of the settlement agreement, counsel for plaintiff notified counsel for

    defendant that defendant was in default of its obligations under the agreement and had

    Dockets.Justia.com
    Case 1:05-cv-02675-REB-PAC Document 19 Filed 07/24/2006 Page 2 of 3

    ten days in which to cure its default, but defendant did not cure the default. Under the

    terms of the parties’ agreement, such an uncured default constitutes good cause to

    reopen the case, allows plaintiff to file a motion to reopen, and entitles plaintiff to “the

    immediate entry of judgment in the amount of the Principal Balance . . . as of the date

    of the default.” (Plf. Motion for Entry of Judgment App., Exh. A at 3, ¶ 8(c).) As

    provided by the settlement agreement, defendant does not contest the present motion

    (id.), other than to point out that the interest rate on the amount of the judgment is five

    percent under the terms of the agreement, not the statutory rate of eight percent prayed

    for in the motion for entry of judgment (id., Exh. A. at 2, ¶ 2(a)).

    It appearing to the court that the factual matters set forth in the motions are true,

    correct, and uncontested, that good cause exists to reopen the case, and that

    defendant is in default of its obligations under the terms of the settlement agreement,

    plaintiff’s motion to reopen and motion for entry of judgment will be granted.

    THEREFORE, IT IS ORDERED as follows:

    1. That Plaintiff Louis E. Rivelli’s Motion to Reopen Administratively

    Closed Civil Action For Good Cause [#15] filed July 3, 2006, is GRANTED;

    2. That Plaintiff Louis E. Rivelli’s Motion for Entry of Judgment [#16], filed

    July 3, 2006, is GRANTED;

    3. That the Clerk of the Court is DIRECTED to reopen this case as

    contemplated by D.C.Colo.LCivR 41.2;

    4. That judgment SHALL ENTER on behalf of plaintiff, Louis E. Rivelli, and

    against defendant, Chroma Medical, Inc. n/k/a Chroma Medical Systems, Inc.;

    2
    Case 1:05-cv-02675-REB-PAC Document 19 Filed 07/24/2006 Page 3 of 3

    5. That plaintiff is AWARDED judgment in the principal amount of $82,950.71

    plus simple interest at the rate of five percent (5%) per annum on the amount due from

    the date of this judgment until the judgment is paid in full.

    Dated July 24, 2006, at Denver, Colorado.

    BY THE COURT:

    s/ Robert E. Blackburn
    Robert E. Blackburn
    United States District Judge

    You might also like