Opinion
Case No. 15-cv-12694
06-21-2019
GRAMMER INDUSTRIES, INC., Plaintiff, v. BEACH MOLD AND TOOL, INC. et al., Defendants.
R. Steven Whalen United States Magistrate Judge
ORDER (1) ADOPTING MAGISTRATE JUDGE WHALEN'S JUNE 3, 2019 REPORT AND RECOMMENDATION (ECF NO. 179) AND (2) DENYING DEFENDANT/CROSS-DEFENDANT AMERICAN INDUSTRIAL ACQUISITION CORP.'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT (ECF NO. 91)
On June 3, 2019, Magistrate Judge R. Steven Whalen issued a Report and Recommendation to DENY Defendant/Cross-Defendant American Industrial Acquisition Corp.'s ("AIAC") Motion to Dismiss Plaintiff's Complaint and Cross-Claimant's Cross-Complaint Pursuant to Fed. R. Civ. 12(b)(6). (ECF No. 179.) Having reviewed the Report and Recommendation, and there being no timely objections from either party under 28 U.S.C. § 636(b)(1) and E.D. Mich L. R. 72.1(d), the Court ADOPTS the Report and Recommendation and DENIES AIAC's motion to dismiss (ECF No. 91).
The Court notes, as Magistrate Judge Whalen also observed, that although the Court has entered a clerk's entry of default against AIAC, neither the Plaintiff nor the Cross-Claimant has yet moved for entry of a default judgment, an entirely distinct concept.
Accordingly, AIAC's motion to dismiss is DENIED. IT IS SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE Dated: June 21, 2019