United States of America v. Persons Service Company, LLC et al

Filing 82

ORDER by Chief Judge Daniel L. Hovland ADOPTING 81 Report and Recommendations; granting in part and denying in part 80 Motion for Default Judgment.(MM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America for the use
and benefit of Curtis C. Davis d/b/a
Davis Contracting Company,

)
)
)
ORDER ADOPTING REPORT
)
AND RECOMMENDATION
Plaintiff,
)
)
vs.
)
)
Persons Service Company, LLC, Byrd
)
Brothers Emergency Services, LLC, and
)
Travelers Casualty and Surety Company
)
of America,
)
Case No. 4-12-cv-153
)
Defendants,
)
)
Travelers Casualty and Surety Company
)
of America,
)
)
Cross-Claimant and Third-Party Plaintiff, )
)
Byrd Brothers, Inc., Claude R. Byrd, James )
K. Byrd, and Donna R. Byrd,
)
)
Third-Party Defendants.
)
)
Brothers Emergency Services, LLC,
)
)
Cross-Defendant
)
______________________________________________________________________________
Before the Court is Cross-Claimant and Third-Party Plaintiff Travelers Casualty and Surety
Company of America’s (“Travelers”) Motion for Default Judgment filed on August 7, 2017. See
Docket No. 80. In the motion, Travelers seeks a default judgment against Cross-Defendant Byrd
Brother Emergency Services, LLC (“BBES”) and Third-Party Defendants Byrd Brothers, Inc.,
(“BBI”), Claude R. Byrd, James, K. Byrd, and Donna R. Byrd (“collectively the Byrds”), jointly and
severally, in the amount of $727,767.85.
1

On November 17, 2017, Magistrate Judge Charles S. Miller, Jr. issued a Report and
Recommendation wherein he recommended granting in part and denying in part Travelers’ motion.
See Docket No. 81. The parties were given fourteen (14) days to file any objections to the Report
and Recommendation. No objections were filed.
The Court has carefully reviewed the Report and Recommendation, the relevant case law,
and the entire record, and finds the Report and Recommendation to be persuasive. The Court agrees
with Judge Miller that Travelers is entitled to entry of a default judgment but that additional
information is needed regarding the amount of the judgment. Accordingly, the Court ADOPTS the
Report and Recommendation (Docket No. 81) in its entirety. Travelers’ motion (Docket No. 80) is
GRANTED IN PART to the extent it seeks a default judgment and DENIED IN PART to the
extent it seeks the currently requested $727,767.85. Travelers will have thirty (30) days from the
date of this order to supplement the record with additional information pertaining to the purposes
of the payments made and to demonstrate to Court that the amounts requested are collectable under
whichever state law is to apply to this action.
IT IS SO ORDERED.
Dated this 5th day of December, 2017.
/s/ Daniel L. Hovland
Daniel L. Hovland, Chief Judge
United States District Court

2