United States of America v. Herzberg

Filing 9

JUDGMENT ORDER granting 6 Motion for Default Judgment; adopting Report and Recommendations re 8 Report and Recommendations. Court hereby ENTERS JUDGMENT in favor of Plaintiff against Defendant in the amount of $222,074.83. The Court DIRECTS the Clerk of Court to CLOSE this case signed by District Judge Curtis L Collier on 2/15/12. (JGK, )

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
UNITED STATES OF AMERICA,

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Plaintiff,
v.

MICHAEL HERZBERG
Defendants.

Case No.: 1:11-CV-150
Chief Judge Curtis L. Collier

JUDGMENT ORDER
The United States of America (“Plaintiff”) filed a motion for default judgment against Mr.
Michael Herzberg (“Defendant”) (Court File No. 6), which the Court referred to United States
Magistrate Judge William B. Carter pursuant to 28 U.S.C. § 636(b)(1)(B) and (C) to conduct an
evidentiary hearing (Court File No. 7). In accordance with Rule 72(b) of the Federal Rules of Civil
Procedure, Judge Carter filed a report and recommendation recommending that Plaintiff be awarded
judgment against Defendant in the amount of $222,074.83 (Court File No. 8). Neither party filed an
objection within the given fourteen days.
After reviewing the record, the Court agrees with the magistrate judge’s report and
recommendation. The Court ACCEPTS and ADOPTS the magistrate judge’s findings of fact,
conclusions of law, and recommendations pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b).
Accordingly, the Court GRANTS Plaintiff’s motion for default judgment (Court File No.
6) and hereby ENTERS JUDGMENT in favor of Plaintiff against Defendant in the amount of
$222,074.83. In addition, Plaintiff shall be awarded interest at the rate of $24.18 per day on the
principal, which accrues from March 1, 2011, until the date judgment is entered. After judgment is

entered, interest shall accrue at the legal rate. Costs shall be taxed to Defendant.
As no further matters remain for adjudication, the Court DIRECTS the Clerk of Court to
CLOSE the case.

SO ORDERED.
ENTER:
/s/
CURTIS L. COLLIER
CHIEF UNITED STATES DISTRICT JUDGE

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