Escapes!, Inc. v. Legacy Land & Developments, LLC et al

Filing 259

ORDER ADOPTING 249 REPORT AND RECOMMENDATION and granting 223 MOTION for Default Judgment as to defendant William Kearney and defendant Dolores Balliett.. Signed by Judge Kristi K. DuBose on 6/23/2011. (copy mailed to Kearney and Balliett) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ESCAPES!, INC., Plaintiff, vs. LEGACY LAND & DEVELOPMENT LLC; et al., Defendants. ) ) ) ) ) ) ) ) CIVIL ACTION NO: 09-00515-KD-M ORDER After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Recommendation to which objection is made (Docs. 250, 251, 252, 253), the Report & Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated June 3, 2011, is ADOPTED as the opinion of this Court. It is ORDERED that the Plaintiff’s Motion for Default Judgment Against Defendants Kearney and Balliett (Doc. 223) is GRANTED, and that a DEFAULT JUDGMENT is hereby entered against Defendant William Kearney and Defendant Dolores Balliett. Defendant Allan A. Buniak remains in this action. The Clerk has already entered a default against Legacy Land & Development, LLC and Escapes Acquisition Company, LLC on October 26, 2009 for failure to plead or otherwise defend (Doc. 24). DONE and ORDERED this the 23rd day of June 2011. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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