Melton, et al v. Bank of Lexington, et al

Filing 1182

ORDER ADOPTING REPORT AND RECOMMENDATIONS 1176 , GRANTING 1158 Motion for Default Judgment against Blankenship Defendants, TERMINATING 1179 Motion for Miscellaneous Relief filed by Larry S. Melton. Signed by Judge J. Daniel Breen on 9/18/09. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION LARRY STEVE MELTON, LARRY S. MELTON and R & J OF TENNESSEE, INC., Plaintiffs, v. BANK OF LEXINGTON, a branch of the BANK OF FRIENDSHIP, et al., Defendants. _____________________________________________________________________________ ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE AND GRANTING PLAINTIFF LARRY S. MELTON'S MOTION FOR DEFAULT JUDGMENT AGAINST THE BLANKENSHIP DEFENDANTS _____________________________________________________________________________ This cause is before the Court in connection with the report and recommendation of the magistrate judge on the motion of pro se Plaintiff Larry S. Melton for a judgment of default against Defendants Shirley Blankenship; Kelly W. Blankenship; Blankenship Construction, L.L.C.; Blankenship Brothers Construction Company; Blankenship/Melton Real Estate, Inc.; Dean Blankenship and Harold Walden Blankenship (the "Blankenship Defendants") in the amount of $268,775.58 (D.E. # 1158). After conducting a hearing on damages, the magistrate judge issued a report and recommendation recommending that the motion be granted. According to the Court's docket, no objections to the magistrate judge's report and recommendation have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).1 No. 02-1152 B

Indeed, on September 8, 2009, a letter was submitted to the Court by Harold Walden Blankenship on behalf of himself as well as Kelly, Dean and Shirley Blankenship requesting additional time in which to assemble the default judgment monies and asking whether such funds
1

The Court has reviewed the magistrate judge's report and recommendation, and the entire record of the proceeding before the magistrate judge. No objections having been filed to the report and recommendation, the Court ADOPTS the magistrate judge's report and recommendation. Based on the foregoing, the Plaintiff Larry S. Melton's motion for default judgment against the Blankenship Defendants is GRANTED. The Clerk of Court is directed to enter default judgment against these Defendants, who are held jointly and severally liable to Plaintiff Larry S. Melton in the sum of $268,775.58. IT IS SO ORDERED this 18th day of September, 2009. s/ J. DANIEL BREEN UNITED STATES DISTRICT JUDGE

should be paid directly to the Court (D.E. # 1178). 2