Shoney's North America, LLC v. Smith & Thaxton, Inc. et al

Filing 85

ORDER: Accordingly, the Court hereby rules as follows: (1) The Report and Recommendation 64 is hereby ACCEPTED and APPROVED; and (2) This action is hereby returned to the Magistrate Judge for further pretrial management in accordance with Local Rule 16.01. It is SO ORDERED. Signed by District Judge Kevin H. Sharp on 4/3/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
SHONEY’S NORTH AMERICA, LLC,
Plaintiff,
v.
SMITH & THAXTON, INC., et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 3:12-cv-00625
Judge Sharp
Magistrate Judge Knowles

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge, recommending that a default judgment be entered against Defendant Smith & Thaxton,
Inc. Specifically, the R & R provides,
On November 18, 2013, the undersigned entered an Order noting that the attorney
previously representing Defendant Smith & Thaxton, Inc., had withdrawn from
this case. Docket No. 58. The Order further noted that the corporation could not
represent itself pro se. Id. The Order provided in relevant part:
Smith & Thaxton, Inc. shall retain counsel, who shall enter an appearance in this
action within thirty (30) days of the entry of this Order. If Smith & Thaxton, Inc.
fails to abide by the provisions of this Order, the undersigned will recommend
that a default be entered against it. Id.
Defendant Smith & Thaxton, Inc. has failed to abide by the Court’s Order. For the
foregoing reasons, the undersigned recommends that a default be entered against
it.
(Docket Entry No. 64). No objections were made to the R & R.
Where no objections are made to the R & R, “[t]he district judge may accept, reject, or
modify the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions.” Fed. R. Civ. P. 72(b). Having thoroughly reviewed the

1

record in this case and the applicable law in accordance with Rule 72(b), the Court will accept
the R & R.1
Accordingly, the Court hereby rules as follows:
(1) The Report and Recommendation (Docket Entry No. 64) is hereby ACCEPTED and
APPROVED; and
(2) This action is hereby returned to the Magistrate Judge for further pretrial management
in accordance with Local Rule 16.01.
It is SO ORDERED.

_________________________________________
KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

1

On March 10, 2014, the Clerk of the Court granted Plaintiff’s Request for Entry of Default Against
Defendant Smith & Thaxton, Inc. (Docket Entry No. 72), and entered a default judgment pursuant to
Federal Rule of Civil Procedure 55(a). See (Docket Entry Nos. 76 and 78). Therefore, there is no need
for the Court to enter a separate default judgment.
2