Mexico Bus. Contacts, S.C. v. Alken-Ziegler, Inc.

Full title: MEXICO BUSINESS CONTACTS, S.C., Plaintiff, v. ALKEN-ZIEGLER, INC.…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Oct 31, 2012

Case No. 12-cv-13529 (E.D. Mich. Oct. 31, 2012)

Opinion

Case No. 12-cv-13529

10-31-2012

MEXICO BUSINESS CONTACTS, S.C., Plaintiff, v. ALKEN-ZIEGLER, INC., Defendant.

STEPHEN J. MURPHY, III

HONORABLE STEPHEN J. MURPHY, III

ORDER ADOPTING REPORT AND RECOMMENDATION (docket no. 8), AND

GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (docket no. 6)

Plaintiff Mexico Business Contacts, S.C. filed its complaint against Alken-Ziegler, Inc. on August 9, 2012, seeking to recover damages for breach of contract. Compl., ECF No. 1. Defendant was served with copy of the complaint and summons on August 13, 2012, but failed to file any responsive pleading. See Cert. of Service, ECF No. 3. The Clerk entered default on September 7, 2012. ECF No. 5. Plaintiff then filed a motion for default judgment which was referred to a magistrate judge for a report and recommendation. The magistrate judge issued her report on October 11, 2012, recommending the Plaintiff's motion be granted.

The report stated that any objections to the report and recommendation must be filed within fourteen days of service of the report and warned that "[f]ailure to file specific objections constitutes a waiver of any further right of appeal." Report at 6, ECF No. 8 (citations omitted).

De novo review of a magistrate judge's findings is only required where a party has properly objected to the proposed findings and recommendations. Fed. R. Civ. P. 72(b)(3). A copy of the report and recommendation was served upon Defendant on October 11, 2012. But Defendant has failed to file any objection within the time provided. De novo review of the magistrate judge's findings is, therefore, not required.

Having reviewed the file and the report and recommendation, the Court finds that the magistrate judge's analysis is proper. Accordingly, the Court adopts the report's findings and conclusions, and will enter an appropriate judgment.

WHEREFORE it is hereby ORDERED that report and recommendation of October 11, 2012 (docket no. 8) is ADOPTED and Plaintiff's motion for default judgment (docket no. 6) is GRANTED.

_________________

STEPHEN J. MURPHY, III

United States District Judge
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on October 31, 2012, by electronic and/or ordinary mail.

Carol Cohron

Case Manager