Malloy v. Casey

Full title: ROBERT MALLOY, Plaintiff, v. RICHARD CASEY, PAUL COTTRELL, MARK FANSTILL…

Court: United States District Court, M.D. Florida, Ft. Myers Division

Date published: Apr 5, 2011

CASE NO. 2:09-CV-801-FtM-36DNF (M.D. Fla. Apr. 5, 2011)

Opinion

CASE NO. 2:09-CV-801-FtM-36DNF.

April 5, 2011

ORDER

CHARLENE HONEYWELL, District Judge

THIS CAUSE came on for consideration upon the Report and Recommendation filed by United States Magistrate Judge Douglas Frazier on March 18, 2011 (Dkt. 74), recommending that the Court enter a default against Defendant Shell Creek Music, Inc. for failing to retain counsel and failing to comply with the Court's Order (Dkt. 60).

After careful consideration of the Report and Recommendation of the Magistrate Judge, in conjunction with an independent examination of the court file, the Court is of the opinion that the Magistrate Judge's Report and Recommendation should be adopted, confirmed, and approved in all respects. The Court finds that a default is due to be entered against Defendant Shell Creek Music, Inc. for failing to retain counsel and failing to comply with the Court's Order.

Accordingly, it is hereby, ORDERED and ADJUDGED as follows:

1) The Report and Recommendation of the Magistrate Judge (Dkt. 74) is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this Order for all purposes, including appellate review.

2) The Clerk is directed to enter a DEFAULT against Defendant Shell Creek Music, Inc. only.

DONE AND ORDERED at Ft. Myers, Florida.