Sims v. Riverland Property LLC et al

Filing 56

ORDER ADOPTING REPORT AND RECOMMENDATIONS re [53} REPORT AND RECOMMENDATIONS; denying as moot 28 Motion for Default Judgment as to Michael D and Suzzette; denying as moot 32 MOTION for Default Judgment as to Suzzette Calloway; granting 44 MOTION to Set Aside Default filed by Suzzette Calloway, Michael D Calloway. Signed by Honorable Susan O. Hickey on December 13, 2016. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION RICK R. SIMS v. PLAINTIFF Case No. 1:16-cv-1071 RIVERLAND PROPERTY LLC, et al. DEFENDANTS ORDER Before the Court is the Report and Recommendation filed November 21, 2016, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 53. Judge Bryant recommends that the Motion to Set Aside Default (ECF No. 44) filed by Separate Defendants Michael D Calloway and Suzette Calloway be granted. Judge Bryant further recommends that two motions entitled Plaintiff’s Request for Entry of Default Judgment for Quiet Title (ECF Nos. 28 and 32) be denied as moot. No party has filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Upon review, the Court adopts the Report and Recommendation in toto. Accordingly, the Motion to Set Aside Default (ECF No. 44) is GRANTED as to Separate Defendants Michael D Calloway and Suzette Calloway. Further, the following motions filed by Plaintiff are DENIED AS MOOT: Request for Entry of Default Judgment for Quiet Title as to Michael and Suzette Calloway (ECF No. 28) and Request for Entry of Default Judgment for Quiet Title as to Suzette Calloway (ECF No. 32). IT IS SO ORDERED, this 13th day of December, 2016. /s/ Susan O. Hickey Susan O. Hickey United States District Judge

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