Theodore Elliot, Jr. v. Charles Bradley (2013)

MEMORANDUM OF DECISION RE MOTION FOR ACCEPTANCE OF ATTORNEY TRIAL REFEREE REPORT and JUDGMENT IN ACCORDANCE THEREWITH (117.00)

I. Background

Before the court is a motion for acceptance of the report of the Attorney Trial Referee (ATR).   When the motion appeared on the short calendar on May 28, 2013 the plaintiff, represented by counsel, and the defendant, representing himself stated that neither party had any objection to the ATR's report and recommended judgment being entered as a judgment of the court.

II. Discussion

The ATR heard this matter over the period of one day and issued his ten page report and recommendations after reviewing exhibits and post-hearing memoranda submitted on behalf of the parties.   The ATR recommends that judgment be entered for the plaintiff in the amount of $74,000 on the first count “without further interest” and that judgment be entered in favor of the defendant on the second count.   Dkt. Entry 116.00.   In light of the lack of objections, and the court's review of the ATR report which it finds to be legally and logically correct, the court ORDERS the entry of judgment for the plaintiff and against the defendant in the amount of $74,000.   There shall be no post-judgment interest, and no costs shall be assessed.

The court thanks the ATR, Attorney Mark Stern, for his work and contribution to resolving this case.

TAGGART D. ADAMS

JUDGE TRIAL REFEREE

Adams, Taggart D., J.T.R.