Brandon Gabelhart d/b/a Tembo and Co. v. Longhart Construction & Racking, LLC; Joshua Longhart

Summary

The United States District Court for the District of South Carolina adopts a magistrate judge’s Report and Recommendation after finding no clear error and no timely objections. The Court strikes Defendant Joshua Longhart’s answer, directs entry of default against him for failure to comply with multiple court orders, and orders the plaintiff to file a motion for default judgment within 30 days.

Holdings

1. When no timely objection is filed to a magistrate judge's Report and Recommendation, the district court need only review the record for clear error before accepting the recommendation.
2. Joshua Longhart's answer should be stricken and default entered against him because he failed to comply with multiple court orders.

Questions Presented

1. Whether the district court should accept the magistrate judge's recommendation to strike Joshua Longhart's answer and enter default against him after no party filed objections.
2. What standard of review governs a magistrate judge's Report and Recommendation when no timely objection is filed.

Disposition

other