GREYSTONE BANK v. ST. JOHN APTS., LLC et al

Filing 17

ORDER ADOPTING IN PART AND REJECTING IN PART MAGISTRATE JUDGES REPORT AND RECOMMENDATION. Signed by Judge J. Daniel Breen on 2/28/12. (Breen, J.)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
GREYSTONE BANK,
Plaintiff,
v.

No. 1:11-cv-01291-JDB-egb

ST. JOHN APTS., LLC, and
IRENE A. HOLLADAY,
Defendants.
______________________________________________________________________________
ORDER ADOPTING IN PART AND REJECTING IN PART
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
_____________________________________________________________________________
On January 10, 2012, the Clerk declared Defendants, St. John Apts., LLC and Irene A.
Holladay, to be in default pursuant to Federal Rule of Civil Procedure 55(a) after having been served
with a summons and complaint on October 13, 2011 and October 17, 2011, and not filing a timely
answer. (Docket Entry (“D.E.”) No. 12.) Plaintiff, Greystone Bank, then moved for a default
judgment pursuant to Rule 55(b)(1), which the Court referred to United States Magistrate Judge
Edward G. Bryant for a report and recommendation. (D.E. Nos. 13, 15.) On February 10, 2012,
Judge Bryant issued a report and recommendation, finding that Plaintiff should be awarded a default
judgment of $370,783.45, together with interest at a per diem rate of $105.02 beginning January 19,
2012, and all additional costs of collection, including additional attorney’s fees. (D.E. No. 16.)
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), and the time for filing objections has passed. See
Fed. R. Civ. P. 72(b).
After a review of the magistrate judge’s report and recommendation, the Court ADOPTS IN

PART and REJECTS IN PART Judge Bryant’s findings and recommendations. The Plaintiff’s
motion for default judgment is GRANTED insofar as it requests the aggregate principal outstanding
on the notes, attorney’s fees and expenses incurred as of January 18, 2012, as well as interest
accrued as of that date and accruing in the future. Accordingly, judgment shall be entered for
Greystone Bank in the amount of $370,783.45, together with interest at a daily rate of $105.02
beginning January 19, 2012. This judgment shall be awarded against St. John Apts., LLC and Irene
A. Holladay, jointly and severally. However, the Plaintiff’s request for all additional costs of
collection, including additional attorney’s fees, is not a “sum certain” under Fed. R. Civ. P. 55(b)(1)
and is therefore DENIED. To recover future costs and fees, the Plaintiff must submit to the Court
an itemization of such costs and fees, along with an affidavit in support, after they are incurred.
IT IS SO ORDERED this 28th day of February, 2012.

s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE

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