Summary
serving mailroom employee of business was insufficient
Summary of this case from Hsueh v. Bank of Am. Human Res.Opinion
Case No. 14-11299
11-05-2014
BABUBHAI PATEL, Plaintiff, v. McKESSON CORPORATION, Defendant.
SENIOR U.S. DISTRICT JUDGE
ARTHUR J. TARNOW
U.S. MAGISTRATE JUDGE
MONA K. MAJZOUB
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [23], DENYING PLAINTIFF'S MOTION FOR ORDER DIRECTING DEFENDANT TO FILE A REPLY [8], DENYING PLAINTIFF'S MOTION FOR COURT TO DIRECT DEFENDANT TO SERVE PLAINTIFF WITH A COPY OF DEFENDANT'S PLEADINGS [16], AND GRANTING DEFENDANT'S MOTION TO SET ASIDE CLERK'S ENTRY OF DEFAULT [13] AND VACATING COURT'S ORDER TO SHOW CAUSE [4]
On September 9, 2014, Magistrate Judge Majzoub issued a Report and Recommendation ("R&R") [23] recommending that the Court deny both Plaintiff's Motion for Order Directing Defendant to File a Reply [8] and Motion for Court to Direct Defendant to Serve Plaintiff with a Copy of Defendant's Pleadings [16] and grant Defendant's Motion to Set Aside Clerk's Entry of Default [13]. Plaintiff did not file any objections. The Court has reviewed the record in this case. The R&R [23] of the Magistrate Judge is hereby ADOPTED and is entered as the findings and conclusions of the Court. Additionally, Plaintiff has filed a satisfactory Response [9] to the Court's Order to Show Cause [4]. Accordingly,
IT IS ORDERED that Plaintiff's Motion for Order Directing Defendant to File a Reply [8] is DENIED.
IT IS FURTHER ORDERED that Motion for Court to Direct Defendant to Serve Plaintiff with a Copy of Defendant's Pleadings [16] is DENIED.
IT IS FURTHER ORDERED that Defendant's Motion to Set Aside Clerk's Entry of Default [13] is GRANTED
IT IS FURTHER ORDERED that the Clerk's Entry of Default [7] is VACATED.
IT IS FURTHER ORDERED that the Order to Show Cause [4] is VACATED.
SO ORDERED.
s/Arthur J. Tarnow
ARTHUR J. TARNOW
SENIOR U.S. DISTRICT JUDGE
Dated: November 5, 2014