JTH Tax, Inc. v. Hines

Filing 129

ORDER re 116 Motion for Default Judgment; 125 Report and Recommendations. Accordingly, defendant's Motion for Default Judgment is denied and plaintiff's request for attorneys' fees incurred in responding to the motion is DENIED. Signed by Chief District Judge Rebecca Beach Smith and filed on 2/23/18. Copies distributed to all parties 2/23/18. (ldab, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA

Norfolk Division

JTH TAX,

INC.

d/b/a
LIBERTY TAX SERVICE,

Plaintiff,
V.

Case No.

2:15cv558

CHARLES HINES,
Defendant.
ORDER

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

Default Judgment (ECFNo. 116) filed on December 4, 2017.

The matter

was referred to a United States Magistrate Judge by Order of December
14,

2017,

(ECF No.

119), 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 matter.

The United States Magistrate Judge's Report and Recommendation
(ECF No. 125) was filed on January 24, 2018.
recommended
Judgment.
Judge,

that

the

court

deny defendant's

The Magistrate Judge
Motion

for

Default

By copy of the Report and Recommendation of the Magistrate

the parties were advised of

objections thereto.

their right

to

file written

The court has received no objections to the

Magistrate Judge' s Report and Recornmendacion, and the time for filing
same has expired.

The court does hereby adopt and approve in full the findings
and recommendations set forth in the Report and Recommendation of
the

United

States

Magistrate

Judge

filed

January

24,

2018.

Accordingly, defendant's Motion for Default Judgment is denied and
plaintiff's request for attorneys'

fees incurred in responding to

the motion i s DENIED.

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

It

is

Isl

so ORDERED.

A

Rebecca Beach Smith
Chief Judge

REBECCA BEACH
CHIEF JUDGE

February ^3 -

2018

SMITH