US ACQUISITION, LLC v. MARCHMONT, LLC, 12cv1242 DMS (NLS). (2013)
Court: District Court, N.D. California
Number: infdco20130912749
Visitors: 17
Filed: Sep. 11, 2013
Latest Update: Sep. 11, 2013
Summary: ORDER (1) ADOPTING REPORT AND RECOMMENDATION IN PART AND (2) STRIKING DEFENDANT BENWARD'S ANSWER AND ENTERING HIS DEFAULT DANA M. SABRAW, District Judge. This case comes before the Court on the August 14, 2013 Report and Recommendation ("R&R") of Magistrate Judge Nita L. Stormes. In the R&R, the Magistrate Judge recommends that the Court strike all pleadings by Defendant Benward and enter his default. Defendant Benward filed objections to the R&R, and Plaintiff US Acquisition, LLC filed a repl
Summary: ORDER (1) ADOPTING REPORT AND RECOMMENDATION IN PART AND (2) STRIKING DEFENDANT BENWARD'S ANSWER AND ENTERING HIS DEFAULT DANA M. SABRAW, District Judge. This case comes before the Court on the August 14, 2013 Report and Recommendation ("R&R") of Magistrate Judge Nita L. Stormes. In the R&R, the Magistrate Judge recommends that the Court strike all pleadings by Defendant Benward and enter his default. Defendant Benward filed objections to the R&R, and Plaintiff US Acquisition, LLC filed a reply..
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ORDER (1) ADOPTING REPORT AND RECOMMENDATION IN PART AND (2) STRIKING DEFENDANT BENWARD'S ANSWER AND ENTERING HIS DEFAULT
DANA M. SABRAW, District Judge.
This case comes before the Court on the August 14, 2013 Report and Recommendation ("R&R") of Magistrate Judge Nita L. Stormes. In the R&R, the Magistrate Judge recommends that the Court strike all pleadings by Defendant Benward and enter his default. Defendant Benward filed objections to the R&R, and Plaintiff US Acquisition, LLC filed a reply.
This Court, having reviewed the R&R de novo, adopts the recommendation in part, and orders as follows:
1. The Clerk of Court shall strike Defendant Benward's Answer to the Complaint, and enter his default. Because the Cross-Defendants do not move to strike Defendant Benward's Cross-Claim, and US Acquisition, LLC has no standing in that case, Defendant Benward's pending Cross-Claim shall not be stricken and shall remain on the docket.
IT IS SO ORDERED.
Source: Leagle