Opinion
21 Civ. 9277 (PGG) (BCM)
10-20-2022
JUSTIN KERKER, Plaintiff, v. BMDC CONSTRUCTION, LTD., BMDC CONSTRUCTION I, LLC, and BEN MULLEN, Defendants.
ORDER
PAUL G. GARDEPHE, U.S.D.J.
WHEREAS Plaintiff commenced this action on November 9, 2021 by filing the Complaint (Dkt. No. 1);
WHEREAS Plaintiff served Defendants BMDC Construction Limited and BMDC Construction I, LLC (collectively, “BMDC”) on January 14, 2022 (Dkt. Nos. 12-13), and Defendant Ben Mullen on January 31, 2022 (Dkt. No. 14);
WHEREAS no Defendant has filed an answer, responded to the Complaint, or appeared in this action;
WHEREAS Magistrate Judge Moses - to whom this case was referred for general pretrial supervision - authorized Plaintiff to move for a default judgment against Defendants (Dkt. No. 15);
WHEREAS Plaintiff moved for a default judgment, attorneys' fees, and costs on August 12, 2022 (Dkt. No. 29);
WHEREAS this Court ordered Defendants to show cause on October 20, 2022 why a default judgment should not be entered against them (Dkt. Nos. 30, 32);
WHEREAS Plaintiff served the Order to Show Cause on Defendant Mullen on October 5, 2022, and BMDC on October 13, 2022 (Dkt. Nos. 31-1, 33-1);
WHEREAS Defendants filed no opposition to Plaintiffs motion for a default judgment and did not appear at the October 20, 2022 hearing;
IT IS HEREBY ORDERED that an order of default is entered against all Defendants.
IT IS FURTHER ORDERED that this matter is referred to Magistrate Judge Moses for a report and recommendation regarding Plaintiffs request for damages, attorneys' fees, and costs. The Clerk of Court is directed not to close this case.
SO ORDERED.