# CapitalPlus Construction Services, LLC v. Blucor Contracting, Inc.

> District Court, E.D. Tennessee · December 1, 2021

URL: https://www.frixlaw.com/law-library/cases/10434642

## Case

- **Court:** District Court, E.D. Tennessee
- **Decided:** December 1, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
KNOXVILLE DIVISION

CAPITALPLUS CONSTRUCTION SERV., )
LLC, )
) 3:19-CV-00471-DCLC-HBG
Plaintiff, )

)

vs. )
)
BLUCOR CONTRACTING, INC. et al., )
)
Defendants. )
)
)
BLUCOR CONTRACTING, INC. )
)
Third-Party Plaintiff )
vs. )
)
STODGHILL & SONS MINING, INC. )
)
Third-Party Defendant. )

ORDER
This matter is before the Court to consider the Report and Recommendation of the United
States Magistrate Judge [Doc. 143]. In the Report and Recommendation, the magistrate judge
recommends that Blucor’s Motion for Entry of Monetary Judgment against Stodghill & Sons
Mining, LLC [Doc. 77] be granted in part and denied in part. Specifically, the magistrate judge
found that Blucor Contracting, Inc. was entitled to a judgment in the amount of $1,596,466.71 plus
post-judgment interest.1 The parties did not file objections to the Report and Recommendation.2
See Fed. R. Civ. P. 72(b).
After thorough consideration of the well-reasoned Report and Recommendation and the
record as a whole, the Court finds that the Report and Recommendation properly analyzes the
issues presented. For the reasons set out in the Report and Recommendation, which are
incorporated by reference herein, it is hereby ORDERED that the Report and Recommendation
[Doc. 143] is ADOPTED in full, and in accordance with the Report and Recommendation,

Blucor’s Motion for Entry of Monetary Judgment against Stodghill & Sons Mining, LLC [Doc.
77] is GRANTED IN PART and DENIED IN PART. The Court finds Blucor Contracting, Inc.
is entitled to a judgment against Stodghill & Sons Mining, LLC in the amount of $1,596,466.71
plus post-judgment interest as permitted by 28 U.S.C. § 1961(a). A separate judgment shall enter.
SO ORDERED:

s/ Clifton L. Corker
United States District Judge

1 The district court has no discretion to deny post-judgment interest, as it is mandatory.
Caffey v. Unum Life Ins. Co., 302 F.3d 576, 586 (6th Cir. 2002). Title 28, section 1961(a) further
dictates that, “[s]uch interest shall be calculated from the date of the entry of the judgment at a rate
equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of
Governors of the Federal Reserve System, for the calendar week preceding the date of the
judgment.” 28 U.S.C. § 1961(a).

2 Failure to file objections within the 14-day period pursuant to Rule 72(b) results in waiver
of the right to appeal the Court’s order. Thomas v. Arn, 474 U.S. 140, 153-54 (1985).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10434642. Public record. Not legal advice.