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OfferHubb.Net, Inc. v. Fun Club USA, Inc.

United States District Court, District of Nevada

January 29, 2015

OFFERHUBB.NET, INC., et al., Plaintiffs,
v.
FUN CLUB USA, INC., et al., Defendants.

GEORGE W. FOLEY, JUDGE.

ORDER ACCEPTING REPORT & RECOMMENDATION OF MAGISTRATE

RICHARD F. BOULWARE, II. United States District Court Judge.

Before the Court for consideration is the Report and Recommendation (ECF No. 26) of the Honorable George W. Foley, United States Magistrate Judge, entered October 15, 2014.

A district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1). A party may file specific written objections to the findings and recommendations of a magistrate judge. 28 U.S.C. § 636(b)(1); Local Rule IB 3-2(a). When written objections have been filed, the district court is required to “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1); see also Local Rule IB 3-2(b). Where a party fails to object, however, a district court is not required to conduct “any review, ” de novo or otherwise, of the report and recommendations of a magistrate judge. Thomas v. Arn, 474 U.S. 140, 149 (1985).

Pursuant to Local Rule IB 3-2(a), objections were due by October 29, 2014. No objections have been filed. The Court has reviewed the record in this case and concurs with the Magistrate Judge’s recommendation(s) that (ECF No. 9) Answer of Defendant Fun Club USA, Inc., should be stricken and its default entered based on Defendant's failure to comply with this Court's Order to obtain counsel. Therefore, the Court has determined that Magistrate Judge’s Recommendation should be ACCEPTED and ADOPTED to the extent that it is not inconsistent with this opinion.

IT IS THEREFORE ORDERED that the Report and Recommendation (ECF No. 26) is ACCEPTED and ADOPTED in full IT IS FURTHER ORDERED that the Answer of Defendant Fun Club USA, Inc., [ECF 9] is stricken and its default entered based on Defendant's failure to comply with this Court's Order to obtain counsel.

IT IS ORDERED that the Clerk of Court shall mail a copy of this Findings and Recommendation and Order to Defendant Fun Club USA, Inc., c/o Robert Craddock, 1704 Baron Court, Port Orange, Florida 32128.

The Clerk shall enter judgment accordingly and close case.


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