Summary
granting motion to set aside default judgment where pro se defendant immediately contacted counsel for legal assistance once he received notice that judgment had entered against him
Summary of this case from IMM, LLC v. Plankk Techs.Opinion
Civil Case No. 05-cv-02039-REB-MJW.
November 30, 2006
ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The matter before me is the magistrate judge's Recommendation on Pro Se Defendant Andrew Trojner's "Declaration Supporting Motion to Set Aside Entry of Default Judgment" [Sic] (Docket No. 63) [#104], filed October 23, 2006. As required by 28 U.S.C. § 636(b), I have reviewed de novo all portions of the recommendation to which objections have been filed, and have considered carefully the recommendation, the objections, and the applicable caselaw. The recommendation is detailed and well-reasoned. Plaintiff's objections are imponderous and without merit. Therefore, I find and conclude that the arguments advanced, authorities cited, and findings of fact, conclusions of law, and recommendation proposed by the magistrate judge should be approved and adopted.
THEREFORE, IT IS ORDERED as follows:
1. That the Recommendation on Pro Se Defendant Andrew Trojner's "Declaration Supporting Motion to Set Aside Entry of Default Judgment" [Sic] (Docket No. 63) [#104], filed October 23, 2006, is APPROVED AND ADOPTED as an order of this court;
2. That plaintiff's Objections to Magistrate Judge's Recommendation on Pro Se Defendant Andrew Trojner's "Declaration Supporting Motion to Set Aside Entry of Default Judgment" [Sic] (Docket No. 104) [#108], filed November 2, 2006, are OVERRULED and DENIED;
3. That defendant Andrew Trojner's Declaration Supporting Motion to Set Aside Entry of Default Judgment [#63], filed May 16, 2006, is GRANTED;
4. That the Judgment [#34], entered February 2, 2006, against defendant Andrew Trojner is VACATED; and
5. That defendant Andrew Trojner SHALL FILE his answer to the complaint on or before December 15, 2006.