Leser, LLC v. Delta-T Corporation

Filing 26

FINAL ORDER adopting and approving in full the findings and recommendations set forth in the United States Magistrate Judge's 25 Report and Recommendation; directing the clerk to enter judgment for the plaintiff and against Delta-T Corporation in the amount of $129,734.15, representing the sums due Leser, LLC, as of 5/17/10, as justified by the undisputed evidence and the parties' Settlement Agreement; granting the Motion to Withdraw as Attorney by the entry of the agreed Withdrawal Order with this Final Order. Signed by District Judge Rebecca Beach Smith and filed on 6/9/10. ECF to counsel; copy mailed to Delta-T Corporation as directed, 6/9/10.(mwin, )

UNITED

STATES

DISTRICT

COURT

EASTERN DISTRICT OF VIRGINIA Norfolk Division

LESER,

LLC,

Plaintiff,
V. ACTION NO. 4:09cvl30

DELTA-T

CORPORATION,

Defendant.

FINAL

ORDER

This matter comes before
Settlement, filed by the

the court on the Motion to Enforce
on December 16, 2009. The

plaintiff

matter was re-referred to a United States Magistrate Judge by order

of

April

13,

2010,

pursuant

to

the

provisions

of

28

U.S.C.

§

636(b)(l)(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. Also, a Motion to Withdraw as Attorney was filed by Matthew L. 2010.

Curtis,

attorney for the defendant,

on May 11,

The United States Magistrate Judge conducted a hearing on May
17, 2010. The Magistrate Judge's Report and Recommendation was

filed

on

May

18,

2010.

The

magistrate

judge

recommended

that

judgment be entered in favor of the plaintiff and against Delta-T
Corporation,
granted

and

also

recommended
By

that

defendant's
of the

counsel
Report

be
and

leave

to

withdraw.

copy

Recommendation,

the parties

were

advised

of

their right

to

file

written objections thereto.

The court has received no objections and the time adopt and

to the magistrate judge's report and recommendation, for filing same has expired. The court does

hereby

approve in full the findings and recommendations set forth in the
Report and Recommendation of
2010.

the

United

States

Magistrate

Judge

filed May 18,

Accordingly,

it is ORDERED that the Clerk shall enter judgment

for the plaintiff and against Delta-T Corporation in the amount of

$129,734.15,
2010, as

representing the sums due Leser,
by the undisputed

LLC,
and

as of May 17,
the parties'

justified

evidence

Settlement Agreement.

It is further ORDERED that the case now having been concluded,

the Motion to Withdraw as Attorney,
attorney for the defendant,

filed by Matthew L.

Curtis,

is GRANTED by the entry of the agreed

Withdrawal Order with this Final Order.

The Clerk shall forward a copy of this Final Order to counsel

for

the

parties,

Mike

Meier,

Esquire,

and

Matthew

L.

Curtis,

Esquire;

and to Delta-T Corporation.

It

is

so ORDERED,

this

9th day of June,

2010,

at Norfolk,

Virginia.

/sf --

Rebecca Beach Smith United States District Judge