Opinion
Case No. 2:08-CV-9 JVB.
May 14, 2008
ORDER
On April 22, 2008, Magistrate Judge Paul R. Cherry issued his Findings, Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and (C) [DE 42] on Plaintiff's Motion for Entry of Default Judgment Versus the Defendants Steven Goldberg and Goldberg Associates, LLC [DE 25]. In his Report and Recommendation, Magistrate Judge Cherry recommended that the undersigned District Judge grant the Motion for Entry of Default Judgment and enter judgment in favor of American Acceptance Co., LLC and against the Defendants Steven Goldberg and Goldberg Associates, LLC, jointly and severally in the amount of $607,995.72, together with judgment interest, plus costs of $350.00.
Pursuant to 28 U.S.C. § 636(b)(1), Magistrate Judge Cherry advised the parties that they had ten days after being served with a copy of the Report and Recommendation to file written objections with the Clerk of Court. Magistrate Judge Cherry further noted that the failure to file timely objections would result in waiver of the right to challenge the Recommendation before either the undersigned District Judge or the Court of Appeals. Herein, the parties did not file objections to Magistrate Judge Cherry's Report and Recommendation. Accordingly, the parties have waived any right to challenge Magistrate Judge Cherry's Report and Recommendation because they have failed to file timely objections. See e.g., United States v. Hall, 462 F.3d 684, 688 (7th Cir. 2006) ("[T]he failure to object to the recommendations and decisions of a magistrate judge is one instance [in which] we have held [that] waiver of appellate review results."); Willis v. Caterpillar, Inc., 199 F.3d 902, 904 (7th Cir. 1999); Hunger v. Leininger, 15 F.3d 664, 668 (7th Cir. 1994); The Provident Bank v. Manor Steel Corp., 882 F.2d 258, 260-61 (7th Cir. 1989); Lebovitz v. Miller, 856 F.2d 902, 905 n. 2 (7th Cir. 1988).
The undersigned District Judge being duly advised adopts the Magistrate Judge's Report and Recommendation [DE 42], grants Plaintiff's Motion for Entry of Default Judgment Versus the Defendants Steven Goldberg and Goldberg Associates, LLC [DE 25], and orders the Clerk of Court to enter default judgments as to both Defendants pursuant to Rule 55(b) of the Federal Rules of Civil Procedure. Accordingly, the Clerk is further directed to enter judgment in favor of American Acceptance Co., LLC and against the Defendants Steven L. Goldberg and Goldberg Associates, LLC., jointly and severally in the sum of $607,995.72, together with judgment interest, plus costs of $350.00.
SO ORDERED.