National Fitness Center, Inc et al v. Atlanta Fitness, Inc et al

Filing 132

ORDER accepting in whole 130 Magistrate Judge Shirley's Report and Recommendation in which he recommended that the court grant in part and deny in part the two motions, thereby granting in part and denying in part Atlanta Fitness and Stephen Dow's motions for prejudgment interest and for attorneys fees and costs 106 and 108 . Signed by District Judge Tena Campbell on December 2, 2013. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

NATIONAL FITNESS CENTER, INC.,
and COURT SOUTH TOTAL
CONDITIONING CLUBS, LLC,
Plaintiffs,
No. 3:09-cv-133
vs.

(Campbell/Shirley)

ATLANTA FITNESS d/b/a CUSTOM
BUILT PERSONAL FITNESS, and
STEPHEN DOW, individually,
Defendants.

ORDER ADOPTING REPORT & RECOMMENDATION
On May 1, 2013, Atlanta Fitness and Stephen Dow filed motions for prejudgment interest
and for attorneys fees and costs. (Docket Nos. 106, 108.) The motions were referred to U.S.
Magistrate Judge C. Clifford Shirley, Jr. under 28 U.S.C. § 636, the Rules of this Court, and
Standing Order 13-02.
On October 18, 2013, Magistrate Shirley issued a Report and Recommendation (Docket
No. 130) (R&R) in which he recommended that the court grant in part and deny in part the two
motions. No party has filed an objection to the R&R.
Under 28 U.S.C. § 636(b)(1), the court hereby ACCEPTS IN WHOLE the proposed
findings and recommendations set forth in Judge Shirley’s October 18, 2013 Report and

Recommendation (Docket No. 130), and ADOPTS the R&R as the ORDER OF THIS COURT.
DATED this 2nd day of December, 2013.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

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