Barnett v. Americom Bank et al

Filing 64

ORDER ADOPTING 55 PARTIAL REPORT AND RECOMMENDATIONS; therefore, pltf's motions to amend 48 and for joinder 41 are GRANTED; defts Americom Bank and Direct Express Payment Processing Services are dismissed without prejudice from this c ase; Comerica Inc is added as the lone deft; pltf's motions for default judgment against Americom and Direct Express 27 , to amend his motion for default judgment 30 , for the entry of a clerk's default 35 , and for preliminary injunction 54 are DENIED. Signed by Judge Susan Webber Wright on 10/25/13. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MATTHEW W. BARNETT
v.

PLAINTIFF
NO. 4:13CV00347 SWW

AMERICOM BANK and DIRECT EXPRESS
PAYMENT PROCESSING SERVICES

DEFENDANTS

ORDER
The Court has received findings and a recommendation from Magistrate Judge H.
David Young. After a careful review of the findings and recommendation, the timely
objections received thereto, and a de novo review of the record, the Court concludes
that the findings and recommendation should be, and hereby are, approved and adopted
in their entirety as this Court’s findings in all respects. The motions to amend and for
joinder filed by plaintiff Matthew W. Barnett (“Barnett”) are granted. See Document 41,
48. Defendants Americom Bank (“Americom”) and Direct Express Payment Processing
Services (“Direct Express”) are dismissed without prejudice from this case. Comerica,
Inc., is added as the lone defendant. In addition, Barnett’s motions for default judgment
against Americom and Direct Express, to amend his motion for default judgment, for the
entry of a clerk’s default, and for preliminary injunction are denied. See Document 27,
30, 35, 54.
IT IS SO ORDERED this 25th day of October 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE