LaFarge North America, Inc v. Wells Group, Inc.a et al

Filing 22

ORDER: the Court agrees with Magistrate Judge Carter's 20 Report and Recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Carter's findings of fact, conclusions of law, and recommendations pursuant to § 636 (b) (1) and Rule 72(b). A separate default judgment to enter. Signed by District Judge Harry S Mattice, Jr on 8/24/2009. (BJL )

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at WINCHESTER LAFARGE NORTH AMERICA INC., a Maryland corporation, Plaintiff, v. W ELLS GROUP, INC. d/b/a COFFEE COUNTY READY MIX, a Tennessee corporation, and MICHAEL JASON W ELLS, an individual, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Plaintiff LaFarge North America Inc. has filed a Motion for Default Judgment against individual Defendant Michael Jason Wells. [Court Doc. 6.] The Court referred the Motion for Default Judgment to Magistrate Judge William B. Mitchell Carter for a report and recommendation on Defendant's liability for the causes of action in Plaintiff's complaint and the amount of damages, including attorney's fees and costs, due to the Plaintiff as a result of Defendant's liability for such causes of action. [Court Doc. 12.] Magistrate Judge Carter filed his report and recommendation pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b) on August 4, 2009. [Court Doc. 20.] Neither party filed an objection within the given 10 days. After reviewing the record, the Court agrees with Magistrate Judge Carter's report and recommendation. The Court thus ACCEPTS and ADOPTS Magistrate Judge Carter's findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b). Case No. 4:08-cv-95 Judge Mattice A separate default judgment will enter. SO ORDERED this 24th day of August, 2009. /s/Harry S. Mattice, Jr. HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE -2-

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