Daigle et al v. Mediation Group, The

Filing 8

ORDER Adopting Bankruptcy Judge's 3 Proposed Findings and Conclusions in a Non-Core Proceeding as the opinion of this Court; For the reasons stated in the Proposed Findings of Fact and Conclusions of Law, the Trustees motion for default against Defendant The Mediation Group Doc. # 4 is GRANTED; Judgment is entered in Plaintiffs favor and against Defendant The Mediation Group, on Plaintiffs First Claim for Relief in the amount of $19,500.00, plus attorneys fees in the am ount of $1,845.00, and costs in the amount of $293.00; provided that any recovery by Plaintiff on the judgment entered by the Bankruptcy Court on Plaintiffs Third Claim for Relief shall be credited against the judgment on the First Claim for Relief; and Plaintiffs Second Claim for Relief is DISMISSED. This case is DISMISSED IN ITS ENTIRETY, by Judge Christine M. Arguello on 3/10/2014. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 14-cv-00647-CMA-MJW
DAVID V. WADSWORTH,
Plaintiff,
v.
THE MEDIATION GROUP,
Defendant.

ORDER ADOPTING BANKRUPTCY JUDGE’S PROPOSED FINDINGS AND
CONCLUSIONS IN A NON-CORE PROCEEDING

This matter is before the Court on the Proposed Findings of Fact and
Conclusions of Law Regarding Plaintiff’s Verified Motion for Default Judgment on NonCore Claims (Doc. # 13) and the Order and Request for Entry of Final Order and
Judgment by District Court (Doc. # 2) of United States Bankruptcy Judge A. Bruce
Campbell regarding Plaintiff David V. Wadsworth, Trustee's Verified Motion for Default
Judgment.
In reviewing a bankruptcy judge's proposed findings and conclusions in a noncore proceeding, this Court conducts a de novo review “of any portion of the bankruptcy
judge's findings of fact or conclusions of law to which any specific written objection
has been made. . . .” Fed. R. Bktrcy. Proc. 9033(d); see also 28 U.S.C. § 157(c)(1).
No objections to Bankruptcy Judge Campbell’s Proposed Findings of Fact and
Conclusions of Law have been filed, and the time for doing so has expired.

Accordingly, the Court will adopt the Proposed Findings of Fact and Conclusions of
Law and grant the Trustee's motion for default judgment.
Accordingly, it is ORDERED that:
1. The findings and conclusions contained in Bankruptcy Judge Campbell’s
Proposed Findings of Fact and Conclusions of Law Regarding Plaintiff’s
Verified Motion for Default Judgment on Non-Core Claims (Doc. # 13) are
ADOPTED as the opinion of this Court;
2. For the reasons stated in the Proposed Findings of Fact and Conclusions of
Law, the Trustee’s motion for default against Defendant The Mediation Group
(Doc. # 4) is GRANTED;
3. Judgment is entered in Plaintiff’s favor and against Defendant The Mediation
Group, on Plaintiff’s First Claim for Relief in the amount of $19,500.00, plus
attorney’s fees in the amount of $1,845.00, and costs in the amount of
$293.00; provided that any recovery by Plaintiff on the judgment entered by
the Bankruptcy Court on Plaintiff’s Third Claim for Relief shall be credited
against eh judgment on the First Claim for Relief; and
4. Plaintiff’s Second Claim for Relief is DISMISSED.
5. This case is DISMISSED IN ITS ENTIRETY.
DATED: March

10

, 2014
BY THE COURT:

_______________________________
CHRISTINE M. ARGUELLO
United States District Judge

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