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)

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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

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