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Moran v. A/C Financial

August 9, 2006

H. THOMAS MORAN II, RECEIVER OF THE ASSETS OF LIFETIME CAPITAL, INC. AND CERTAIN AFFILIATED PERSONS AND ENTITIES, PLAINTIFF,
v.
A/C FINANCIAL, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: District Judge Thomas M. Rose

Magistrate Judge Sharon L. Ovington

DECISION AND ENTRY

The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #566), to whom this case was originally referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby adopts said Report and Recommendations.

It is therefore ORDERED that:

1. The Report and Recommendations filed on July 17, 2006 (Doc. #566) is ADOPTED in full.

2. The Receiver's Motions for Entry of Default (Doc. #s 184, 261) are GRANTED in part and the Clerk of Court is DIRECTED to Enter Default against the following Defendants:

Burch, Theresa Nadine Ins. Center of Hot Springs Byrum, Lindsay Maddox & Assoc. Cagle, Keith E. McGuigan, Kevin Comstock, Robert McKnight, Patrick C. DDH Legacy Midkiff, Neulan Debt Free Solutions, Inc. Patton, James Debt Free Solutions/Quick Tax Services Rangeland Investments, Inc. Flikeid, William Ritchie, Abijah Grisaffi, Lisa West, Charles T. Growth, Health & Retirement Williams, K. Barth Hankins, Altha M. Zimmerman, John J.

3. The Receiver's Motions for Entry of Judgment (Doc. #s 184, 261) are otherwise DENIED;

4. The Receiver's Motions for Default Judgment (Doc. #s 183, 260) are GRANTED and Default Judgment is entered in favor of Plaintiff and against the Defendants listed above in Recommendation number 1;

5. The Receiver's Motions for Default Judgment (Doc. #s 183, 260) are otherwise DENIED; and

6. Defendant Mark R. Sutherland is directed to file an Answer or otherwise respond to the Receiver's Complaint on or before August 28, 2006.

Thomas M. Rose United States District Judge

20060809

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