Lowell et al v. Summer Bay Management, L.C. et al (PLR1)

Filing 43

ORDER that the Court ACCEPTS IN WHOLE the R&R 40 . Therefore, Plaintiffs Motion for Class Certification 18 is GRANTED and the proposed class is hereby certified as a class action. Accordingly, it is ORDERED as follows: 1. attorn eys Christopher T. Cain, Thomas S. Scott, Jr., of Scott & Cain, and W. Allen McDonald, of Lacy, Price & Wagner, P.C. are hereby APPOINTED as class counsel; 2. Defendants shall provide any records it may have evidencing thenames and addresses of poten tial class members to class counsel within thirty (30) days of the entry of this Order; and 3. Class counsel shall send notice of this action to potential class members, pursuant to Rule 23 of the Federal Rules of Civil Procedure, within ninety (90) days of the entry of this Order. Signed by Chief District Judge Thomas A Varlan on 3/17/14. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
LARRY P. LOWELL, JR., et al.,
Plaintiffs,
v.
SUMMER BAY MANAGEMENT, L.C.,
SUMMER BAY PARTNERSHIP, and
JOE H. SCOTT, SR.
Defendants.

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No.: 3:13-CV-229-TAV-CCS

ORDER
This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge C. Clifford Shirley, Jr., on February
18, 2014 [Doc. 40]. In the R&R, Magistrate Judge Shirley recommended that the Court
grant Plaintiff’s Motion for Class Certification [Doc. 18]. There have been no timely
objections to the R&R, and enough time has passed since the filing of the R&R to treat
any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
After a careful review of the matter, the Court is in agreement with Magistrate
Judge Shirley’s recommendations, which the Court adopts and incorporates into its
ruling. Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 40]. Therefore,
Plaintiff’s Motion for Class Certification [Doc. 18] is GRANTED and the proposed class
is hereby certified as a class action. Accordingly, it is ORDERED as follows:

1.

Attorneys Christopher T. Cain, Thomas S. Scott, Jr., of Scott &
Cain, and W. Allen McDonald, of Lacy, Price & Wagner, P.C. are
hereby APPOINTED as class counsel;

2.

Defendants shall provide any records it may have evidencing the
names and addresses of potential class members to class counsel
within thirty (30) days of the entry of this Order; and

3.

Class counsel shall send notice of this action to potential class
members, pursuant to Rule 23 of the Federal Rules of Civil
Procedure, within ninety (90) days of the entry of this Order.

IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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