Opinion
Civil Action No. 06-1226 (FSH).
April 30, 2008
ORDER
This matter coming before this Court upon Magistrate Judge Shwartz's April 15, 2008 Report and Recommendation recommending that "that the United States District Judge strike defendant Foot Ankle's answer and enter default and permit the plaintiff to file a motion for default judgment. The parties have ten days to file objections to this recommendation;" and
it appearing that no party has filed an objection to the Report and Recommendation and that ten days have passed, see L. Civ. R. 72.1(c)(2); and
it appearing that the Report and Recommendation states that Defendant Foot Ankle failed to provide Plaintiff with its portion of the Final Pretrial Order and failed to provide proof that it had filed for bankruptcy by the deadlines set for such by Magistrate Judge Shwartz and "defendant having provided no reason for its failure to comply or good cause to extend any of the deadlines;" and
it appearing that the Magistrate Judge notified Defendant that its failure to comply with the deadlines set would result in her recommendation to this Court that this Court strike Defendant's Answer and enter default; and
this Court having reviewed de novo the Report and Recommendation, and good cause appearing;
IT IS on this 30th day of April, 2008,
ORDERED that Magistrate Judge Shwartz's April 15, 2008 Report and Recommendation is adopted as the Opinion of this Court; and it is further
ORDERED that Defendant Foot Ankle's Answer is STRICKEN; and it is further
ORDERED that the Clerk of the Court is directed to enter default against Defendant Foot Ankle.