R&R Enterprises v. Answer Financial, Inc

Filing 13

JUDGMENT ORDER, entered by the Clerk, whereby 1) R&R Enterprises' request for declaratory relief is GRANTED. The Court FINDS and DECLARES, pursuant to 28 U.S.C. § 2201 that: (1) the expiration date of the Lease between Ans wer Financial and R&R Enterprises is April 30, 2013; (2) Section 20 also known as the holding over provision of the Lease does not create a right to remain on the premises for a six-month tenancy; and (3) in the case of Answer Financial holding ove r, Section 20 of the Lease creates a month-to-month tenancy. 2) R&R Enterprises' request for a speedy hearing is DISMISSED AS MOOT. 3) R&R Enterprises' request for attorneys' fees is DENIED and DISMISSED. 4) R&R Enterprises SHALL be aw arded appropriate costs under Rule 54 of the Federal Rules of Civil Procedure and Local Rule 54.1 of the Local Rules of the Eastern District of Tennessee as determined by the Clerk of Court upon the filing of a bill of costs. Signed by Magistrate Judge C Clifford Shirley, Jr on March 20, 2013. (AYB)

UNITED STATE DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
R&R ENTERPRISES,
Plaintiff,

V.
ANSWER FINANCIAL,
Defendant.

)
)
)
)
)
)
)
)
)
)

No. 3:12-CV-573
(SHIRLEY)

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), Rule 73(b) of the
Federal Rules of Civil Procedure, and the consent of the parties, for all further proceedings,
including entry of judgment [Doc. 6].
Consistent with the Memorandum Opinion entered contemporaneously herewith, it is
ORDERED:
1. R&R Enterprises’ request for declaratory relief is GRANTED.

The Court

FINDS and DECLARES, pursuant to 28 U.S.C. § 2201 that: (1) the expiration
date of the Lease between Answer Financial and R&R Enterprises is April 30,
2013; (2) Section 20 – also known as the holding over provision – of the Lease
does not create a right to remain on the premises for a six-month tenancy; and (3)
in the case of Answer Financial holding over, Section 20 of the Lease creates a
month-to-month tenancy.
2. R&R Enterprises’ request for a speedy hearing is DISMISSED AS MOOT.
3. R&R Enterprises’ request for attorneys’ fees is DENIED and DISMISSED.

4. R&R Enterprises SHALL be awarded appropriate costs under Rule 54 of the
Federal Rules of Civil Procedure and Local Rule 54.1 of the Local Rules of the
Eastern District of Tennessee as determined by the Clerk of Court upon the filing
of a bill of costs.

IT IS SO ORDERED.
ENTER:
s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

ENTERED AS JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT