Duct Utilities Inc, et al v. Star Communication, et al

Filing 51

ORDER granting 43 Motion to Enforce Judgment; adopting Report and Recommendation 46 ; The judgment is revived. Signed by Judge Sandra S Beckwith on 4/14/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
Duct Utilities & Technologies,
Inc., et al.,
Plaintiffs
v.

Case No. 1:02-cv-174

Star Communication
Services, et al.,
Defendants

ORDER
This matter is before the Court on the Magistrate Judge’s Report and
Recommendation filed March 14, 2014 (Doc. 46).
Proper notice has been given to the parties under 28 U.S.C. § 636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to file
objections to the Report and Recommendation in a timely manner. See United States
v. Walters, 638 F.2d 947 (6th Cir. 1981). As of the date of this Order, no objections
to the Magistrate Judge’s Report and Recommendation have been filed.
Having reviewed this matter de novo pursuant to 28 U.S.C. § 636, we find the
Magistrate Judge’s Report and Recommendation correct.
Accordingly, it is ORDERED that the Report and Recommendation of the
Magistrate Judge is hereby ADOPTED. Movant Powell’s motion to revive judgment
is GRANTED. The Judgement issued in favor of the defendants against plaintiffs in
the amount of $13,778,594.17, together with attorney’s fees and interest from March
10, 2004, the date of the original judgment, to March 10, 2009, the date the judgment
became dormant, and from the date of revival, March 7, 2014, until the judgment is
satisfied.
Date: April 14, 2014

s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court