Lewis v. On Eagle's Wings Medical Billing, LLC et al

Filing 6

ORDER by Judge Philip A. Brimmer on 8/20/15. ORDERED: The findings and conclusions contained in Bankruptcy Judge Brown's Proposed Findings of Fact and Conclusions of Law Regarding Plaintiff's Motion for Default Judgment on Non-Core Claim s 3 are ADOPTED. ORDERED: Plaintiff's Motion for Default Judgment is GRANTED as to plaintiff's First Claim for Relief and Second Claim for Relief. ORDERED: Final judgment shall be entered in plaintiff's favor and against defendant On Eagle's Wings Medical Billing, LLC on plaintiff's First Claim for Relief in the amount of $712,000, together with interests, costs, and attorney's fees incurred in the collection of the note as provided in the note. ORDERED: Fi nal judgment shall be entered in plaintiff's favor and against defendant Ruth Cox on plaintiff's Second Claim for Relief in the amount of $712,000, together with interest, costs, and attorney's fees incurred in the collection of the note as provided in the note. ORDERED: Adversary Proceeding No. 14-01361-EEB is DISMISSED in its entirety. (kpreu)

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 14-cv-03453-PAB
In re: JAMES PATRICK COX, and
SHIRLEY FORTES COX,

Bankruptcy Case No. 11-39273-EEB

Debtors.

DAVID E. LEWIS, Chapter 7 Trustee,

Adversary Proceeding No. 14-1361-EEB

Plaintiff,
v.
ON EAGLE’S WINGS MEDICAL BILLING, LLC, and
RUTH COX,
Defendants.

ORDER

This matter comes before the Court on the Order and Request for Entry of Final
Order and Judgment by District Court [Docket No. 2] and the Proposed Findings of Fact
and Conclusions of Law Regarding Plaintiff’s Motion for Default Judgment on Non-Core
Claims [Docket No. 3] filed by United States Bankruptcy Court Judge Elizabeth E.
Brown in relation to Adversary Proceeding No. 14-1361-EEB.
The Court conducts a de novo review of any portion of the bankruptcy judge’s
proposed findings and conclusions in a non-core proceeding “to which specific written
objection has been made . . . .” Fed. R. Bankr. P. 9033(d). “If no objection is filed, or if
the parties consent in writing, the recommendations of the bankruptcy judge may be
accepted by the district judge, and appropriate orders may be entered without further

notice.” D.C.COLO.LCivR 84.1(e); see also 28 U.S.C. § 157(c)(1). No objections to
Bankruptcy Judge Brown’s Proposed Findings of Fact and Conclusions of Law
Regarding Plaintiff’s Motion for Default Judgment on Non-Core Claims [Docket No. 3]
have been filed and the deadline to do so has passed. See D.C.COLO.LCivR 84.1(e).
It is therefore
ORDERED that the findings and conclusions contained in Bankruptcy Judge
Brown’s Proposed Findings of Fact and Conclusions of Law Regarding Plaintiff’s Motion
for Default Judgment on Non-Core Claims [Docket No. 3] are ADOPTED. It is further
ORDERED that plaintiff’s Motion for Default Judgment is GRANTED as to
plaintiff’s First Claim for Relief and Second Claim for Relief. It is further
ORDERED that final judgment shall be entered in plaintiff’s favor and against
defendant On Eagle’s Wings Medical Billing, LLC on plaintiff’s First Claim for Relief in
the amount of $712,000, together with interests, costs, and attorney’s fees incurred in
the collection of the note as provided in the note. It is further
ORDERED that final judgment shall be entered in plaintiff’s favor and against
defendant Ruth Cox on plaintiff’s Second Claim for Relief in the amount of $712,000,
together with interest, costs, and attorney’s fees incurred in the collection of the note as
provided in the note. It is further
ORDERED that Adversary Proceeding No. 14-01361-EEB is DISMISSED in its
entirety.

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DATED August 20, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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