UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

EDWIN MARCIAL, ) ) Case No. 3:20-cv-471 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Debra C. Poplin DIANA WARNER, LLC and DIANA ) WARNER BUNDY, ) ) Defendants. ) )

ORDER

On July 13, 2021, Magistrate Judge Debra C. Poplin filed her report and recommendation (Doc. 30) pursuant to

(b) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Poplin recommends that the Court: (1) grant in part and deny in part Plaintiff’s motions for default judgment; (2) adjudge Defendants as having breached the parties’ oral contract; and (3) enter default judgment in Plaintiff’s favor in the amount of $347,248.87. (See Doc. 30, at 11.) No party objected to Magistrate Judge Poplin’s recommendation.1 Nevertheless, the Court has conducted a review of the report and recommendation, as well as the record, and it agrees with Magistrate Judge Poplin’s well-reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Poplin’s report and recommendation (Doc. 30). Plaintiff’s motions for default judgment (Docs. 23, 24) are

1 Magistrate Judge Poplin specifically advised the parties that they had fourteen days in which to object to the report and recommendation and that failure to do so would waive any right to appeal. (Doc. 30, at 11 n.6); see aso Fed. R. Civ. P. 72(b)(2); Thomas v. Arn,

, 148–51 (1985) (noting that “[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings”). GRANTED IN PART and DENIED IN PART. Defendants are ADJUDGED to have breached their oral contract with Plaintiff. Plaintiff is AWARDED damages against Defendants in the amount of $347,248.87. Plaintiff is AWARDED post-judgment interest. AN APPROPRIATE JUDGMENT WILL ENTER.

/s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE