Live Well Financial, Inc. v. Valentine et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the United States Magistrate Judge for 20 Report and Recommendations. ORDERED that Plaintiffs Motion for Default Judgment as to Defendant Judy Kay Valentine (Docket No. 17) be GRANTED. Signed by District Judge Robert W. Schroeder, III on 11/19/2018. (gsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
LIVE WELL FINANCIAL, INC.,
Plaintiff,
v.
JUDY KAY VALENTINE, MICHAEL
WAYNE
VALENTINE,
CHRISTI
COPPEDGE,
SHERRI
DONAHOO,
UNKNOWN HEIRS AT LAW OF
MERLE WAYNE VALENTINE,

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CIVIL ACTION NO. 6:18-CV-00119-RWS

Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION OF
UNITED STATES MAGISTRATE JUDGE
The above entitled and numbered civil action was referred to United States Magistrate
Judge John D. Love pursuant to 28 U.S.C. § 636. On July 25, 2018, the Magistrate Judge issued
a Report and Recommendation (Docket No. 20), recommending that Plaintiff Live Well
Financial, Inc.’s (“Plaintiff” or “Live Well”) Motion for Default Judgment (Docket No. 17)
against Defendant Judy Kay Valentine be granted. Docket No. 20 at 5. The Magistrate Judge
further ordered that the Report and Recommendation be immediately served on Defendants. Id.
On August 10, 2018 Plaintiff filed a notice of service of the Report and Recommendation on
Defendant Judy Kay Valentine. Docket No. 22. The Report and Recommendation informed the
parties of their rights to object to those findings within 14 days, and further informed the parties
that a failure to timely object “shall bar that party from de novo review by the district judge of
those findings, conclusions and recommendations and, except on grounds of plain error, from
appellate review of unobjected-to factual findings and legal conclusions accepted and adopted by

the district court.” Docket No. 20 at 5 (citing Douglass v. United States Auto. Ass’n, 79 F.3d
1415, 1430 (5th Cir. 1996)). Since the service of the Report and Recommendation on August 10,
2018, no party has filed objections and the prescribed time period for doing so has passed.
Nonetheless, having reviewed the Magistrate Judge’s findings, the Court agrees with the
Magistrate Judge. The Magistrate Judge found that Defendant Judy Kay Valentine was properly
served by personal service (Docket No. 6), that she has failed to timely answer or otherwise
respond, and that the Clerk of Court has made an entry of default (Docket No. 19). Docket
No. 20 at 3–4. The Magistrate Judge also found that Plaintiff’s Complaint sufficiently pleaded
its cause of action for its statutory probate lien and for non-judicial foreclosure pursuant to the
terms of the Loan Agreement and Texas Property Code § 51.002 (Docket No. 1 at ¶¶ 1–23),
and that Plaintiff’s Complaint makes a prima facie showing of jurisdiction (Docket No. 1 at
.
¶¶ 1–8). Docket No. 20 at 3–4. Weighing the relevant considerations, the Magistrate Judge
then found that Plaintiff was entitled to default judgment. Id. at 4–5. The Court does not find
plain error in these determinations. Accordingly, it is
ORDERED that Plaintiff’s Motion for Default Judgment as to Defendant Judy
Kay Valentine (Docket No. 17) be GRANTED. It is further
ORDERED that Plaintiff shall immediately serve a copy of this Order on Defendant,
and within 14 days of the issuance of this Order, submit a proposed final judgment.
SIGNED this 19th day of November, 2018.

____________________________________
ROBERT W. SCHROEDER III
UNITED STATES DISTRICT JUDGE

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