Automated Summary
Key Facts
On July 25, 2025, United States Magistrate Judge Jill E. McCook filed a Report and Recommendation recommending that Plaintiff's Motion for Default Judgment be granted in part and denied in part. No parties filed objections to the Report and Recommendation. The Court accepted and adopted the Magistrate Judge's findings of fact and conclusions of law. Plaintiff's Motion for Default Judgment is GRANTED IN PART and DENIED IN PART. The Clerk is directed to terminate seven parties from the action: BaronHR, LLC; BaronHR West, Inc.; Hunter Staffing, Inc.; BaronHR Hospitality, LLC; Legendary Staffing, Inc.; BaronTransport, LLC; and Luis Perez. Plaintiff is ordered to file a modified proposed judgment consistent with the Report and Recommendation.
Issues
- Whether default judgment should be entered on Count Eleven of the complaint
- Whether the Plaintiff's Motion for Default Judgment should be granted or denied in part
- Whether prejudgment interest should be awarded on Count Nine of the complaint
Holdings
The Court accepts and adopts Magistrate Judge McCook's Report and Recommendation. Plaintiff's Motion for Default Judgment is GRANTED IN PART and DENIED IN PART. Prejudgment interest not awarded on Count Nine and default judgment not entered on Count Eleven. The Clerk is directed to terminate seven parties from this action, including BaronHR, LLC and others. Plaintiff is ordered to file a modified proposed judgment within 14 days.
Remedies
- The court granted Plaintiff's Motion for Default Judgment in part and denied it in part. Specifically, prejudgment interest was not awarded on Count Nine and default judgment was not entered on Count Eleven.
- The Clerk is directed to terminate the following parties from this action: BaronHR, LLC; BaronHR West, Inc.; Hunter Staffing, Inc.; BaronHR Hospitality, LLC; Legendary Staffing, Inc.; BaronTransport, LLC; and Luis Perez.
Legal Principles
The court applied Fed. R. Civ. P. 72(b)(2) and 28 U.S.C. § 636 standards for reviewing a Magistrate Judge's Report and Recommendation when no parties filed objections. The court accepted and adopted Magistrate Judge McCook's findings of fact and conclusions of law without de novo review, as neither party objected to the recommendation within the fourteen-day objection period.
Precedent Name
Thomas v. Arn
Cited Statute
United States Code
Judge Name
- Judge Charles E. Atchley, Jr.
- Judge Jill E. McCook
Passage Text
- Within 14 days of the entry of this order, Plaintiff is ORDERED to file a modified proposed judgment that is consistent with Magistrate Judge McCook's Report and Recommendation. Plaintiff is further ORDERED to email a Word document copy of the modified proposed judgment to Atchley_Chambers@tned.uscourts.gov.
- The Court has nonetheless reviewed the Report and Recommendation, as well as the record, and agrees with Magistrate Judge McCook's conclusions. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge McCook's findings of fact and conclusions of law as set forth in the Report and Recommendation.
- Plaintiff's Motion for Default Judgment [Doc. 103] is GRANTED IN PART and DENIED IN PART. The Clerk is DIRECTED to terminate the following parties from this action: (1) BaronHR, LLC; (2) BaronHR West, Inc.; (3) Hunter Staffing, Inc.; (4) BaronHR Hospitality, LLC; (5) Legendary Staffing, Inc.; (6) BaronTransport, LLC; and (7) Luis Perez.