Crescit Mortgage Capital, LLC v. Emerald Bay Apartments, LLC

Background

This contract matter was referred to Magistrate Judge Parker to determine damages. On December 27, 2024, Magistrate Judge Parker issued a Report and Recommendation recommending that default judgment be entered against Defendant and that Plaintiff receive:

- $244,914.24 in principal damages, representing Plaintiff’s actual damages; - $777.00 in costs; - pre-judgment interest on those damages at 9% from August 1, 2022, through the date judgment is entered; and - post-judgment interest under 28 U.S.C. § 1961.

Objections and Review

The Report and Recommendation gave Defendant 17 days to object and warned that failing to object on time would waive the right to object. Defendant filed no objections and did not request an extension. The court therefore held that Defendant waived the right to object to the recommendation or obtain appellate review.

Even without objections, the court reviewed the recommendation under the applicable standard and found it well reasoned and grounded in fact and law.

Ruling

Judge Dale E. Ho adopted the Report and Recommendation in its entirety. The opinion states that the recommendation called for default judgment against Defendant with the specified damages, costs, and interest. Because the ruling concerns default judgment rather than an adversarial decision on the underlying contract merits, this is a procedural disposition.