Opinion
Case Number: 1:10cv95.
November 5, 2010
ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate Judge J. Gregory Wehrman filed on October 6, 2010 (Doc. 28), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired October 27, 2010, hereby ADOPTS said Report and Recommendation.
Accordingly, the answer is improperly filed by Defendant Mogul on behalf of Defendant Anchor Financial Services and is to be STRICKEN (Doc. 18).
Plaintiff's motion to strike the answer of Defendant Mogul (Doc. 21) is DENIED, to the extent that the Court accepts the late answer as if timely filed by Defendant Mogul alone;
Plaintiff's motion for default judgment (Doc. 23) is GRANTED IN PART and DENIED IN PART as follows:
a. Default Judgment is entered against Defendant Anchor Financial Services, LLC in the amount of $251,743.32 on Count I;
b. Default Judgment against Defendant Mogul is DENIED.
IT IS SO ORDERED.