Elawyers Elawyers
Ohio| Change

US ACQUISITION, LLC v. MARCHMONT, LLC, 12cv1242 DMS (NLS). (2013)

Court: District Court, N.D. California Number: infdco20130912749 Visitors: 6
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
More

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

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer