Shivere v. Auto Buying Network

Full title: COLLINS SHIVERE, Plaintiff, v. AUTO BUYING NETWORK and KURTIS HASKINS…

Court: United States District Court, S.D. Ohio, Western Division

Date published: Feb 11, 2006

Case No. 3:05-cv-096 (S.D. Ohio Feb. 11, 2006)

Opinion

Case No. 3:05-cv-096.

February 11, 2006

REPORT AND RECOMMENDATIONS

MICHAEL MERZ, Magistrate Judge

This case is before the Court on Plaintiff's Motion for Default Judgment (Doc. No. 16). Plaintiff was directed to file said Motion when Defendants failed to appear for pretrial conference and failed to participate in preparation of the required Fed.R.Civ.P. 26(f) report.

The Motion for Default Judgment was served on Defendants at the address they have given the Court. It was returned to Plaintiff marked "Return to Sender," apparently in Defendant Haskin's handwriting and Defendants have filed no opposition to the Motion for Default Judgment. The docket reflects that, in addition to failing to appear for the pretrial conference and respond to the Motion, Defendants have also failed to answer Plaintiff's Second Amended Complaint.

Accordingly, it is respectfully recommended that default judgment as to liability be entered in favor of the Plaintiff and against the Defendants and that this case be set for hearing on Plaintiff's Motion for Damages.