Terry J. Hatter, Jr. Senior United States District Judge
Order and JudgmentThe Court has considered Plaintiff Elohim EPF USA, Inc.'s ["Elohim"] ex parte application to enforce the settlement agreement [dkt # 139], together with the moving papers.
On December 4, 2017, Elohim and Defendants Sugar K Entertainment and Smith Ho Kang [collectively, "the Sugar Defendants"] entered into a settlement agreement whereby the Sugar Defendants agreed to pay $32,500.00 in twelve monthly installments. The parties agreed that if the Sugar Defendants defaulted on its payments the remaining balance of the principal amount, plus interest, would be immediately due. In February, 2018, the parties filed a stipulation with the Court, dismissing the case against the Sugar Defendants as a result of the settlement agreement. The Court approved the stipulation and reserved jurisdiction to enter judgment against the Sugar Defendants in the event of a default. The Sugar Defendants paid $14,300.00, and then defaulted.
Elohim, now, moves for entry of judgment against the Sugar Defendants, pursuant to the settlement agreement and the stipulation.
Accordingly,
It is Ordered that the ex parte application to enforce the settlement agreement be, and hereby is, Granted.
It is further Ordered, Adjudged, and Decreed that Judgment be, and hereby is, Entered in favor of Plaintiff Elohim EPF USA, Inc. and against Defendants Sugar K Entertainment and Smith Ho Kang, jointly and severally liable in the amount of $20,769.61, based on the sum of the principal amount of $18,200.00, plus prejudgment interest in the sum of $1,069.61, plus attorneys' fees and costs in the sum of $1,500.00. Post-judgment interest shall accrue at the rate of 2.58% per annum, pursuant to 28 U.S.C. § 1961 and 40 U.S.C. § 3116. Date: October 1, 2018
/s/ _________
Terry J. Hatter, Jr.
Senior United States District Judge
cc: FISCAL
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