Opinion
Civil Action 21-5433 (JXN) (AME)
08-08-2023
ORDER
JULIEN XAVIER NEALS UNITED STATES DISTRICT JUDGE
Before this Court is the Report and Recommendation (“R&R”) entered on June 30, 2023, by Magistrate Judge Andre M. Espinosa (“Judge Espinosa”), (ECF No. 37), recommending that Plaintiff Days Inns Worldwide, Inc.'s (“Plaintiff”) Motion to Strike Defendants Nitin Patel, Kamleshkumar Patel, Kamal Hira, Chandni Patel, and Karishma Patel (collectively, “Individual Defendants”) Answer pursuant to Fed.R.Civ.P. 37(b) and Enter Default pursuant to Fed.R.Civ.P. 55(a), (ECF No. 36), be granted. This Court has reviewed the reasons set forth by Judge Espinosa in the R&R and notes that no objections were filed. Based on the foregoing, and for good cause shown, IT IS on this 7th day of August 2023, ORDERED that the R&R of Judge Espinosa, (ECF No. 37), is ADOPTED as the conclusions of law of this Court and Plaintiff's Motion to Strike the Individual Defendants' Answer pursuant to Fed.R.Civ.P. 37(b) and Enter Default pursuant to Fed.R.Civ.P. 55(a), (ECF No. 36), is hereby GRANTED; it is further
ORDERED that the Individual Defendants' Answer, (ECF No. 11), is hereby STRICKEN; it is further
ORDERED that the Clerk of this Court shall enter default against Defendants Nitin Patel, Kamleshkumar Patel, Kamal Hira, Chandni Patel, and Karishma Patel pursuant to Federal Rule of Civil Procedure 55(a); and it is further
ORDERED that Plaintiff may file a motion seeking judgment by default against all Defendants.