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

Filing 51

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed the Report and Recommendation and concludes it should be adopted and approved. Accordingly, Plaintiff's Motion for Summary Judgment (Doc. No. 48) is GRANTED, and Plaintiff is A WARDED judgment against the Defendants in the amount of $66,000.60 plus interest accruing after 5/26/2020, at the rate of $10.81 per day. The pretrial conference, scheduled for 11/9/2020, and bench trial, set for 11/17/2020, are canceled . This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. The Clerk is directed to close the file. Signed by District Judge William L. Campbell, Jr on 11/6/2020. (xc:Pro se party by certified mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)

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.
50), which was filed on October 22, 2020. Through the Report and Recommendation, the
Magistrate Judge recommends that Plaintiff’s Motion for Summary Judgment (Doc. No. 48) be
granted and that Plaintiff be awarded judgment against Defendants Sitework Specialties Utilities
& Excavating LLC, Mandy Lee Spears, and Billy Joe Spears in the amount of $66,000.60 plus
interest accruing after May 26, 2020, at the rate of $10.81 per day. The Defendants have not
responded to Plaintiff’s Motion for Summary Judgment, which was filed on June 1, 2020.
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 and concludes it should be
adopted and approved. Accordingly, Plaintiff’s Motion for Summary Judgment (Doc. No. 48) is
GRANTED, and Plaintiff is AWARDED judgment against the Defendants in the amount of
$66,000.60 plus interest accruing after May 26, 2020, at the rate of $10.81 per day. The pretrial

conference, scheduled for November 9, 2020, and bench trial, set for November 17, 2020, are
canceled.
This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58.
The Clerk is directed to close the file.
It is so ORDERED.
________________________________
WILLIAM L. CAMPBELL, JR.
UNITED STATES DISTRICT JUDGE

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