TCF Equipment Finance v. Sitework Specialties Utilities & Excavating LLC et al

Filing 44

ORDER: Defendants have surrendered possession of the Dozer to Plaintiff. Accordingly, Plaintiff's request for a writ of possession of the Dozer is DENIED as moot. The Court concludes the remainder of the Report and Recommendation 38 should be adopted and approved. Accordingly, Plaintiff's Motion for Entry of Default Judgment against Defendant Sitework Specialties Utilities & Excavating LLC and Defendant Billy Joe Spears ( 30 ) is DENIED without prejudice. Signed by District Judge William L. Campbell, Jr on 3/13/2020. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
TCF EQUIPMENT FINANCE, a division
of TCF NATIONAL BANK
Plaintiff,
v.
SITEWORK SPECIALTIES UTILITIES
& EXCAVATING LLC, BILLY JOE
SPEARS, and MANDY SPEARS,
Defendants.

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NO. 1:18-cv-00039
JUDGE CAMPBELL
MAGISTRATE JUDGE FRENSLEY

ORDER
Pending before the Court is the Magistrate Judge’s Report and Recommendation (Doc. No.
38), which was filed on December 5, 2019. Through the Report and Recommendation, the
Magistrate Judge recommends that Plaintiff’s request for a writ of possession of one 2009
Caterpillar D6T XL Dozer, Serial# LAY01256 (the “Dozer”) be granted and that Plaintiff’s
Motion for Entry of Default Judgment against Defendant Sitework Specialties Utilities &
Excavating LLC and Defendant Billy Joe Spears (Doc. No. 30) be denied without prejudice.
Although the Report and Recommendation advised the parties that any objections must be filed
within 14 days of service, no objections have been filed.
The Court has reviewed the Report and Recommendation, Plaintiff’s Motion (Doc. No.
30), and the file. Plaintiff has confirmed through filings, (see Doc. No. 42 at PageID # 205), and
statements of counsel during the March 12, 2020 pretrial conference, that Defendants have
surrendered possession of the Dozer to Plaintiff. Accordingly, Plaintiff’s request for a writ of
possession of the Dozer is DENIED as moot. The Court concludes the remainder of the Report
and Recommendation should be adopted and approved. Accordingly, Plaintiff’s Motion for Entry

of Default Judgment against Defendant Sitework Specialties Utilities & Excavating LLC and
Defendant Billy Joe Spears (Doc. No. 30) is DENIED without prejudice.
It is so ORDERED.
________________________________
WILLIAM L. CAMPBELL, JR.
UNITED STATES DISTRICT JUDGE

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