Summary
striking defendant's pleadings for abandoning its defense, and directing Clerk to enter default against defendant
Summary of this case from Panayotov v. Wechsler Prod. Sterling & TitleOpinion
Case No. 6:05-cv-1128-Orl-31DAB.
October 16, 2006
ORDER
This cause comes before the Court on the Renewed Motion for Contempt and Motion for Sanctions (Doc. 85) filed September 11, 2006; Plaintiff's Motion for Sanctions for Failure to Respond to Interrogatories (Doc. 88) filed September 12, 2006; and the Motion for the Court to Disregard the Corporate Entity (Doc. 89) filed September 18, 2006.
On September 25, 2006, the United States Magistrate Judge issued a report (Doc. 98) recommending that the Renewed Motion for Contempt and Motion for Sanctions be granted, in part, that the Plaintiff's Motion for Sanctions for Failure to Respond to Interrogatories (Doc. 88) be denied as moot, and that the Motion for the Court to Disregard the Corporate Entity (Doc. 89) be denied. The Plaintiff filed an objection (Doc. 103), but that document was stricken by the Magistrate Judge and no further objection has been filed. In addition, the Court notes that the Plaintiff has not obtained personal service on Defendant Webmaster J and, as noted in the report, it does not appear that additional time will yield a different result.
Therefore, it is ORDERED as follows:
1. That the Report and Recommendation is CONFIRMED and ADOPTED as part of this Order.
2. That the Renewed Motion for Contempt and Motion for Sanctions (Doc. 85) is GRANTED IN PART. The pleadings of Defendant Executive Preference Corporation are hereby STRICKEN, and the Clerk is directed to enter a DEFAULT against it. Upon entry of that default by the Clerk, the Plaintiff may move for a default judgment against the corporation.
3. That the Plaintiff's Motion for Sanctions for Failure to Respond to Interrogatories (Doc. 88) is DENIED AS MOOT.
4. That the Motion for the Court to Disregard the Corporate Entity (Doc. 89) is DENIED.
5. That the action against Defendant Webmaster J is hereby DISMISSED WITHOUT PREJUDICE.
DONE and ORDERED.