Opinion
2:21-cv-61
03-21-2022
TIMOTHY KENDRICK AND MICHAEL VAUGHN, Plaintiffs and Counter-Defendants, v. RUSSELL TAYLOR, Defendant and Counter-Plaintiff
CYNTHIA R. WYRICK, MAGISTRATE JUDGE
ORDER
TRAVIS R MCDONOUGH UNITED STATES DISTRICT JUDGE
The Court previously put Plaintiffs on notice that default judgment would be entered against them should they fail to appear for the final pretrial conference (Doc. 72). Nevertheless, Plaintiffs did not appear for the duly noticed conference. As a result, and pursuant to the power outlined in the Court's previous Order (Doc. 72), the Court hereby GRANTS default judgment in favor of Taylor on his counterclaims.
Also before the Court is Magistrate Judge Wyrick's report and recommendation (Doc. 63) regarding discovery sanctions against Kendrick and Vaughn. After reviewing the record and the applicable law, the Court agrees with the magistrate judge's findings of fact, conclusions of law, and recommendation. Taylor's objection (Doc. 71) is now MOOT and the Court ACCEPTS and ADOPTS in whole Magistrate Judge Wyrick's report and recommendation. As a result, Kendrick and Vaughn's claims are hereby DISMISSED.
Magistrate Judge Wyrick specifically advised Plaintiff that he had fourteen days within which to object to the report and recommendation and that failure to do so would waive his right to appeal. See Fed.R.Civ.P. 72(b)(2); see also Thomas v. Arn, 474 U.S. 140, 148-51 (1985) (noting that "[i]t does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings"). The period in which Plaintiffs could timely file any objections has now expired.
AN APPROPRIATE JUDGMENT SHALL ENTER.