Summary
This United States District Court order adopts a Magistrate Judge’s Report and Recommendation regarding the Plaintiff’s Motion for Default Judgment. The Court grants the motion in part and denies it in part, specifically declining to award prejudgment interest on Count Nine and denying default judgment on Count Eleven. The order directs the termination of seven named defendants and requires the Plaintiff to file a modified proposed judgment consistent with the Magistrate Judge’s findings within fourteen days.
Topics
Practice areas
Questions Presented
- Whether the district court should grant Plaintiff's motion for default judgment in part and deny it in part pursuant to Fed. R. Civ. P. 72(b)(2) and the lack of objection to the magistrate's recommendation.
Holdings
- The motion is GRANTED IN PART and DENIED IN PART; relief is granted except that prejudgment interest is not awarded on Count Nine and default judgment is not entered on Count Eleven.
Key quotations
“The Court has nonetheless reviewed the Report and Recommendation, as well as the record, and agrees with Magistrate Judge McCook’s conclusions.” (at 2)
Factual background
Plaintiff filed a motion for default judgment seeking monetary relief on multiple counts. The magistrate judge recommended granting relief except for prejudgment interest on Count Nine and default judgment on Count Eleven. No parties objected to the recommendation.
Procedural history
Magistrate Judge Jill E. McCook filed a Report and Recommendation recommending that Plaintiff's motion for default judgment be granted in part and denied in part. No objections were filed, and the district court adopted the magistrate's findings.
Remand instructions
Plaintiff is ordered to file a modified proposed judgment consistent with the magistrate's Report and Recommendation within 14 days of the entry of this order.