ORDER

JAMES L. GRAHAM, District Judge.

This matter is before the court for consideration of the September 4, 2014, report and recommendation of the United States magistrate judge to whom this case was referred pursuant to 28 U.S.C. §636(b). The magistrate judge recommended that the May 5, 2014, motion of defendant Ocedon Restaurant Group, LLC, to set aside the entry of default previously docketed by the clerk on March 31, 2014, be granted.

The report and recommendation specifically advised the parties that failure to object to the report and recommendation within fourteen days of the filing of the report "will result in a waiver of the right to de novo review by the District Judge and waiver of the right to appeal the judgment of the District Court[.]" Doc. 13, p. 7. Noting that no objections have been filed and that the time for filing such objections has expired, the court adopts and affirms the report and recommendation (Doc. 13).

The motion of defendant Ocedon Restaurant Group, LLC, to set aside the entry of default (Doc. 5) is granted. Defendant also requested leave to file instanter the answer it tendered with its motion. After the report and recommendation was filed, plaintiff filed an amended complaint (Doc. 17), and the magistrate judge entered an order (Doc. 20) granting leave to file the amended complaint. Therefore, defendant's request for leave to file instanter the tendered answer is moot. In his order (Doc. 20), the magistrate judge directed the defendants to file an answer to the amended complaint on or before October 13, 2014. Defendant Ocedon Restaurant Group, LLC, shall file its answer to the amended complaint in accordance with that order.