Eberhard v. Physicians Choice Laboratory Services, LLC

Filing 86

ORDER adopting Report and Recommendations re 84 Report and Recommendation. The R & R is neither clearly erroneous nor contrary to law. Fed. R. Civ. P. (72)(a). Accordingly, the R & R (Docket No. 84) is hereby ACCEPTED and APPROVED. Signed by Chief Judge Kevin H. Sharp on 11/21/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BRIAN EBERHARD

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Plaintiff,
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v.
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PHYSICIANS CHOICE LABORATORY )
SERVICES, LLC
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Defendant.
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Case No. 3:15-cv-0156
Chief Judge Sharp

ORDER
Pending before the Court is a Report and Recommendation (“R & R”) of the Magistrate
Judge (Docket No. 84), recommending that the Court deny Plaintiff Brian Eberhard’s Motion to
Attach or Freeze Assets of Defendant or for Other Relief (“the Motion”) (Docket No. 80).
Plaintiff has not filed any objections.
In his Motion, Plaintiff seeks a prejudgment attachment and requests this Court to freeze
Defendant’s Assets. As the Magistrate Judge points out, Tenn. Code Ann. § 29-6-101 precludes
a prejudgment attachment where the only basis for the attachment is that the defendant resides
out of state. Plaintiff’s request to freeze Defendant’s assets, made solely for the purpose of
securing satisfaction of any judgment he might obtain, was correctly denied. Plaintiff similarly
has failed to assert any factual scenarios upon which a constructive trust should be imposed.
Finally, Plaintiff has not offered “good cause” for additional discovery past the discovery
deadline of May 31, 2016.
The R & R is neither clearly erroneous nor contrary to law. Fed. R. Civ. P. (72)(a).
Accordingly, the R & R (Docket No. 84) is hereby ACCEPTED and APPROVED.

It is SO ORDERED.
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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE