First Horizon Bank v. Camera et al

Filing 47

ORDER: Accordingly, the Court ACCEPTS and ADOPTS Judge Wyrick's findings of fact and conclusions of law as set forth in the R&R. [Doc. 44 ]. Plaintiff's Motion to Deposit Account Proceeds into the Registry of the Court , to Attorney's Fees and Expenses to Plaintiff [Doc. 3 ] is hereby GRANTED in part and DENIED in part. Plaintiff First Horizon is DIRECTED to deposit the funds in the Account at issue into the Court's registry by a check made payable to the Clerk of this Court, in the full amount of thebalance of the account, including all interest. The Clerk SHALL accept such check and SHALL deposit the funds into the registry of the Court. Once the above funds have been deposited, Plaintiff Fi rst Horizon shall notify this Court and MOVE to be dismissed with prejudice from this action, discharging them from any liability regarding the Account at issue. At this time, Plaintiff First Horizons request for attorney's fees, costs, and e xpenses is HELD IN ABEYANCE pending the possibility of additional briefing. Finally, Plaintiff's Supplemental Motion to Deposit Funds and for Hearing [Doc. 38 ] is hereby DENIED as moot. Signed by District Judge Charles E Atchley, Jr on 8/2/2022. (BJL)Sent Ad Hoc to the Court's Financial Deputy Clerks Modified on 8/2/2022 (BJL).*Copy mailed to Kim Camera 215 100th Street, SW Everett, WA 98204

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
FIRST HORION BANK,
Plaintiff,
v.
KIM CAMERA, et al.,
Defendants.

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Case No. 2:22-cv-3
Judge Atchley
Magistrate Judge Wyrick

ORDER ADOPTING R&R
On July 8, 2022, United States Magistrate Judge Cynthia R. Wyrick filed a Report and
Recommendation (“R&R”) [Doc. 44] pursuant to 28 U.S.C. § 636(b) and the Rules of this Court.
Judge Wyrick recommended the Plaintiff’s Motion to Deposit Account Proceeds into the Registry
of the Court, to Dismiss/Discharge Plaintiff, and for Payment of Attorney’s Fees and Expenses to
Plaintiff’s [Doc. 3] be granted in part and denied in part. [Doc. 44 at 6]. Further, Judge Wyrick
recommended that Plaintiff’s Supplemental Motion to Deposit Funds and for Hearing [Doc. 38]
be denied as moot. [Doc. 44 at 6]. No parties have filed an objection to the R&R.1 However, the
Court has nonetheless reviewed the R&R, as well as the record, and agrees with the conclusions
of Judge Wyrick.
Accordingly, the Court ACCEPTS and ADOPTS Judge Wyrick’s findings of fact and
conclusions of law as set forth in the R&R. [Doc. 44]. Plaintiff’s Motion to Deposit Account
Proceeds into the Registry of the Court, to Dismiss/Discharge Plaintiff, and for Payment of

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Magistrate Judge Wyrick advised that the parties had fourteen days in which to object to the Report and
Recommendation and that failure to do so would waive any right to appeal. [Doc. 3 at 12 n.9); see Fed. R. Civ. P.
72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (“It does not appear that Congress intended to require
district court review of a magistrate judge’s factual or legal conclusions, under a de novo or any other standard, when
neither party objects to those findings.”).

Case 2:22-cv-00003-CEA-CRW Document 47 Filed 08/02/22 Page 1 of 2 PageID #: 352

Attorney’s Fees and Expenses to Plaintiff [Doc. 3] is hereby GRANTED in part and DENIED
in part. Plaintiff First Horizon is DIRECTED to deposit the funds in the Account at issue into
the Court’s registry by a check made payable to the Clerk of this Court, in the full amount of the
balance of the account, including all interest. The Clerk SHALL accept such check and SHALL
deposit the funds into the registry of the Court.
Once the above funds have been deposited, Plaintiff First Horizon shall notify this Court
and MOVE to be dismissed with prejudice from this action, discharging them from any liability
regarding the Account at issue.
At this time, Plaintiff First Horizon’s request for attorney’s fees, costs, and expenses is
HELD IN ABEYANCE pending the possibility of additional briefing. The Court notes that
Plaintiff has provided an amended affidavit and supplemental billing records to support a
significantly greater amount of attorney’s fees and costs. [See Doc. 45 (“Based on the above facts,
I believe that a reasonable attorney’s fee and expenses in this matter would be not less than
$41,882.70 for this representation.”) (filed July 29, 2022)]. The Court shall give all parties an
opportunity to respond to the amended affidavit and supplemental billing records.
Finally, Plaintiff’s Supplemental Motion to Deposit Funds and for Hearing [Doc. 38] is
hereby DENIED as moot.
SO ORDERED.
/s/ Charles E. Atchley, Jr.
CHARLES E. ATCHLEY, JR.
UNITED STATES DISTRICT JUDGE

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