Summary
denying motion for default judgment where allegations were insufficient to establish enterprise coverage
Summary of this case from Fioretti v. New South Industries, Inc.Opinion
Case No. 6:08-cv-822-Orl-28DAB.
October 1, 2008
ORDER
This case is before the Court on Plaintiff's Motion for Default Judgment (Doc. No. 11) and Amended Motion for Default Judgment (Doc. No. 12), both filed September 5, 2008. The United States Magistrate Judge has submitted a report recommending that the Motion for Default Judgment be denied as moot and the Amended Motion for Default Judgment be denied.
After an independent de novo review of the record in this matter, and consideration of Plaintiff's Objections to the Report and Recommendation (Doc. No. 14), the Court agrees entirely with the findings of fact and conclusions of law in the Report and Recommendation. Therefore, it is ORDERED as follows:
1. That the Report and Recommendation filed September 11, 2008 (Doc. No. 13) is ADOPTED and CONFIRMED and made a part of this Order.
2. The Motion for Default Judgment (Doc. No. 11) is DENIED as moot.
3. The Amended Motion for Default Judgment (Doc. No. 12) is DENIED.
4. Plaintiff is ordered to show cause, within eleven (11) days from the date of this Order, why the Complaint should not be dismissed.
DONE and ORDERED in Chambers, Orlando, Florida