Opinion
Civ. No. 11-358 (RHK/TNL)
01-12-2012
American Dairy Queen Corporation, Plaintiff, v. Guy A. Blume, et al., Defendants.
ORDER
The Court having inadvertently directed the entry of judgment in its Order of January 11, 2012 (Doc. No. 76), IT IS ORDERED that the Order (Doc. No. 76) is VACATED. It is further ORDERED, based upon the Report and Recommendation of Magistrate Judge Leung (Doc. No. 63) and all the files, records, and proceedings herein:
1. Defendants' Objections (Doc. No. 67) to the Report and Recommendation are OVERRULED;
2. The Report and Recommendation is ADOPTED in its entirety;
3. Defendants' Motion to Dismiss Plaintiff's Complaint for Lack of Subject Matter, Lack of Jurisdiction and Improper Venue and Dismiss Case as Frivolous Lack of Standing (Doc. No. 34) is DENIED;
4. Defendants' Motion to Strike Answers (Doc. No. 37) is DENIED WITHOUT PREJUDICE; and
5. Pursuant to the Order to Show Cause (Doc. No. 48), the Clerk of the Court is DIRECTED to ENTER DEFAULT against Defendants Blume Investments, LLC and Royal Professional Solutions, LLC, pursuant to Federal Rule of Civil Procedure 55(a).
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RICHARD H. KYLE
United States District Judge