CIT Small Business Lending Corp. v. Core Holdings, LLC et al

Filing 17

ORDER adopting and approving in full the findings and recommendations set forth in the Report and Recommendation of the United States Magistrate Judge filed February 7, 2013; granting 8 Motion for Default Judgment against defendants Core Holdings, LLC and Nicole Carry, jointly and severally, in the total amount of $177,687.83, plus $1,074.36 (per diem interest at the rate of$25.58 from January 17, 2013, to February 28, 2013), with interest to accrue at the judgement rate therea fter. The parties are DIRECTED to show cause within 14 days of the date of this Order why this case should not be administratively closed on this court's docket. Signed by Chief U.S. District Judge Rebecca Beach Smith and filed on 2/27/2013. (rsim, )

FILED
UNITED

STATES DISTRICT COURT

EASTERN DISTRICT OF VIRGINIA

FEB 2 7 2013

Norfolk Division

CIT

CLERK, U.S. DISTRICT COURT
NORFOLK, VA

SMALL BUSINESS

LENDING CORP.,

Plaintiff,
ACTION NO.

v.

CORE HOLDINGS,

2:12cv505

LLC,

NICOLE CARRY,
AND

PATRICIA NESMITH,
Defendant

ORDER

This matter comes before the court on plaintiff's Motion for

Default Judgment

(ECF No.

8),

filed on November 26,

2012.

The

matter was referred to a United States Magistrate Judge by Order of

January 2,

2013

(ECF No.

10) , pursuant to the provisions of 28

U.S.C. § 636(b) (1) (B) and Federal Rule of Civil Procedure 72(b) , to

conduct hearings, including evidentiary hearings, if necessary, and
to

submit

to

the

undersigned

proposed

findings

of

fact,

if

applicable, and recommendations for the disposition of the motion.
The United States Magistrate Judge's Report and Recommendation
was filed on February 7, 2013 (ECF No. 16).

recommended

granting

against defendants,

plaintiff's

Core Holdings,

Motion

The magistrate judge

for

Default

Judgment

LLC and Nicole Carry.

By copy of the report and recommendation of the magistrate

judge, the parties were advised of their right to file written

objections thereto.

The court has received no objections to the

magistrate judge's report and recommendation,
filing same has expired.

and the time for

The court does hereby adopt and approve

in full the findings and recommendations set forth in the Report
and Recommendation of

February 7, 2013.

the United States

Magistrate Judge

filed

Accordingly, the plaintiff's Motion for Default

Judgment against defendants Core Holdings,

LLC and Nicole Carry,

jointly

the

and

$177,687.83,

severally,
plus

is

$1,074.36

GRANTED,

in

total

(per diem interest

at

amount
the

of

rate of

$25.58 from January 17, 2013, to February 28, 2013), with interest
to accrue at the judgement rate thereafter.
This

matter was

stayed as

to

defendant,

Patricia Nesmith,

pending the resolution of her bankruptcy proceeding.

Accordingly,

the parties are DIRECTED to show cause within fourteen (14) days of

the date of this Order why this case should not be administratively
closed

on

pending

this

the

court's

outcome

of

docket,
the

to

be

bankruptcy

reopened

as

proceeding

appropriate
of

Patricia

Nesmith.

The Clerk shall forward a copy of this Order to all parties of
record.

It is so ORDERED

JsL

Rebecca Beach Smith
Chief

United States District Judge
REBECCA BEACH
CHIEF UNITED

Norfolk, Virginia

February ^/1 , 2013

SMITH
STATES

DISTRICT JUDGE