Summary
finding that a party was legally sophisticated, and thus culpable for failing to respond to a summons, stating "[t]his is not [defendant's] first time in federal court and the fact of his prior familiarity with the world of lending and lawsuits is of significance in this motion."
Summary of this case from CWT Canada II LP v. DanzikOpinion
Case No. 1:12-cv-00208-BLW
02-11-2014
CLEARWATER 2007 NOTE PROGRAM, LLC, et al., Plaintiffs, v. MATTHEW PIELL, Defendant.
MEMORANDUM DECISION AND ORDER
On November 20, 2013, United States Magistrate Judge Ronald E. Bush issued a Report and Recommendation, recommending that Defendant's Motion to Set Aside Default be denied. See Order (Dkt. No. 18). Any party may challenge a magistrate judge's proposed recommendation by filing written objections within fourteen days after being served with a copy of the Magistrate Judge's Report and Recommendation. See 28 U.S.C. § 636(b)(1)(C). The Court must then "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. The Court may accept, reject, or modify in whole or in part, the findings and recommendations made by the Magistrate Judge. Id.; see also Fed. R. Civ. P. 72(b).
No objections to the report and recommendation were filed and the time for doing so has passed. The Court has reviewed the Report and Recommendation, the parties' briefing on the Motion, and the entire record in this matter. Based upon this review, the Court finds the Report and Recommendation has correctly decided the Motion.
ORDER
NOW THEREFORE IT IS HEREBY ORDERED, that the Report and Recommendation entered on November 20, 2013, (docket no. 18), shall be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety.
IT IS FURTHER ORDERED, that defendant's Motion to Set Aside Default (docket no. 11) is DENIED.
__________
B. Lynn Winmill
Chief Judge
United States District Court