DCR Real Estate VI Sub II LLC v. Hudak and Dawson Development Company LLC et al

Filing 37

MEMORANDUM OPINION ADOPTING and ACCEPTING the Magistrate Judge's 32 REPORT AND RECOMMENDATION. Signed by Judge Virginia Emerson Hopkins on 6/16/2015. (JLC)

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FILED 2015 Jun-16 AM 10:40 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION DCR REAL ESTATE VI SUB II, LLC, Plaintiff, v. HUDAK AND DAWSON DEVELOPMENT COMPANY, LLC, ET AL, Defendants. ) ) ) ) ) ) Case No.: 4:14-CV-2226-VEH ) ) ) ) ) ) MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on May 12, 2015, recommending that [DCR Real Estate VI Sub II, LLC’s (“DCR’s”)] motion for summary judgment, (doc. 29), be GRANTED, its motion for default judgment, (doc. 31), be GRANTED, and judgment be entered in favor of DCR as against Defendants in the amount of $339,820.36, representing $288,805.55 in amounts due under the Loan and $51,014.81 in attorneys’ fees and expenses, plus additional pre-judgment interest and post-judgment interest. (Doc. 32 at 7) (bold in original). The time for filing objections to the recommendation has expired, and no objections have been filed. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there are no genuine issues of material fact and that DCR is entitled to both judgment as a matter of law, and to judgment by default. Accordingly, DCR’s motion for summary judgment is due to be GRANTED and DCR’s motion for default judgment is due to be GRANTED. Judgment is due to be entered on both pursuant to the terms stated by the magistrate. A Final Judgment will be entered consistent with those terms. DONE this the 16th day of June, 2015. VIRGINIA EMERSON HOPKINS United States District Judge 2

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