Cope et al v. James C Justice Companies, Inc. et al

Filing 44

ORDER adopting Report and Recommendations re 39 ; denying 35 Motion for Default Judgment. See order for details. Signed by District Judge J Ronnie Greer on 8/23/2013. (RLC, )

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE THOMAS R. COPE, III and TOMMY TIRE, INC., Plaintiffs, ) ) ) ) v. ) ) JAMES C. JUSTICE COMPANIES, INC., ) HARLAN DEVELOPMENT CORPORATION, ) HARLAN DEVELOPMENT CORPORATION, ) a Division of Blue Stone Energy West Virginia, ) Defendants. ) NO. 2:11-CV-246 ORDER This matter is before the Court to consider the Report and Recommendation of the United States Magistrate Judge dated February 26, 2013, [Doc. 39]. In that Report and Recommendation, the Magistrate Judge recommends that plaintiffs’ motion for entry of a default judgment against the defendants, [Doc. 35], be denied. The plaintiffs have filed objections to the Report and Recommendation, [Doc. 40], and defendants have responded to the objections, [Doc. 42]. After careful and de novo consideration of the Report and Recommendation and the record as a whole, and for the reasons set out in the Report and Recommendation, which are incorporated by reference herein, it is hereby ORDERED that the plaintiffs’ objections are OVERRULED, that this Report and Recommendation is ADOPTED AND APPROVED, and that plaintiffs’ motion for default judgment as to all defendants, [Doc. 35], is DENIED . So ordered. ENTER: s/J. RONNIE GREER UNITED STATES DISTRICT JUDGE

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