v. C.H. Robinson Company, INC.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS EL PASO DIVISION

C.H. ROBINSON COMPANY, INC., § § Plaintiff, § § v. § CAUSE NO. EP-24-CV-245-KC § J.R. PRODUCE AND FOOD SERVICE, § INC.; DANIEL ENRIQUEZ § HERNANDEZ; and MARCOS § ENRIQUEZ HERNANDEZ, § § Defendants. §

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE

On this day, the Court considered United States Magistrate Judge Robert F. Castaneda’s Report and Recommendation (“R&R”), ECF No. 22. On November 27, 2024, Plaintiff filed a Motion for Default Judgment (“Motion”), ECF No. 20, against Defendants. The Court referred the Motion to Magistrate Judge Castaneda. May 15, 2025, Text Order. Magistrate Judge Castaneda filed the R&R on June 24, 2025, recommending that the Court grant Plaintiff’s Motion. Parties have fourteen days from a service of a Report and Recommendation of a United States Magistrate Judge to file written objections. See 28 U.S.C. § 636(b)(1)(C).1 Over fourteen days have elapsed since the R&R, and no objections have been filed. When parties do not file written objections, courts apply a “clearly erroneous, abuse of discretion and contrary to law” standard of review to a report and recommendation. United

1 Federal district courts conduct de novo review of those portions of a report and recommendation to which a party has objected. See 28 U.S.C. § 636(b)(1)(C) (“A judge . . . shall make a de novo determination of those portions of the report . . . to which objection is made . . . .”). States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). After reviewing the R&R, the Court agrees with the Magistrate Judge’s proposed findings of fact and conclusions of law and finds that they are neither clearly erroneous nor contrary to law. See id. Accordingly, the Court ADOPTS the R&R, ECF No. 22, in its entirety, and ORDERS that Plaintiff’s Motion for Default Judgment, ECF No. 20, is GRANTED.

IT IS FURTHER ORDERED that DEFAULT JUDGMENT is ENTERED in favor of Plaintiff C.H. Robinson Company, Inc. and against Defendants J.R. Produce and Food Service, Inc.; Daniel Enriquez Hernandez; and Marcos Enriquez Hernandez. IT IS FURTHER ORDERED that Defendants J.R. Produce and Food Service, Inc.; Daniel Enriquez Hernandez; and Marcos Enriquez Hernandez are jointly and severally liable and SHALL PAY Plaintiff: a. $46,780.00 in damages; and b. $9,911.54 in prejudgment interest. In total, the Court GRANTS default judgment in favor of Plaintiff C.H. Robinson

Company, Inc., and against Defendants J.R. Produce and Food Service, Inc.; Daniel Enriquez Hernandez; and Marcos Enriquez Hernandez in the amount of $56,691.54.

2 IT IS FURTHER ORDERED that all monetary judgments awarded herein shall accrue post-judgment interest at the legal rate prescribed by 28 U.S.C. § 1961, calculated from the date of this Order. IT IS FURTHER ORDERED that Plaintiff C.H. Robinson Company, Inc. is entitled to an award of reasonable attorney’s fees. Plaintiff C.H. Robinson Company, Inc. must file a motion for attorney’s fees in accordance with Local Rule CV-54(b), no later than July 23, 2025. SO ORDERED. SIGNED this 9th day of July, 2025.

UNIZED STATES DISTRI¢T JUDGE