Opinion
Civil Action 21-09579 (JXN)(JRA)
10-17-2024
SUPER 8 WORLDWIDE, INC., Plaintiff, v. MI PTS8 LLC, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
HON. JULIEN XAVIER NEALS JUDGE
THIS MATTER comes before the Court upon the Report and Recommendation (“R&R”) dated October 1, 2024, by Magistrate Judge Jose R. Almonte (“Judge Almonte”) (ECF No. 67), recommending that Plaintiff Super 8 Worldwide, Inc.'s (“Plaintiff”) Motion to Strike the Answers of Defendants MI PTS8 LLC (“MI PTS8”) and Venkat Iyer (“Iyer”) and enter default (ECF No. 66) be granted with respect to MI PTS8 and denied with respect to Iyer. The parties having been advised that, pursuant to 28 U.S.C. § 636(b)(1) and L. Civ. R. 72.1(c)(2), they may file and serve objections within fourteen (14) days after receiving a copy of Judge Almonte's R&R, and no objections to the R&R have been received, and the time for objections has expired; and the Court having reviewed the reasons set forth in Judge Almonte's R&R, and for good cause shown, IT IS on this 17th day of October 2024, ORDERED that Judge Almonte's R&R dated October 1, 2024 (ECF No. 67) is ADOPTED as the Opinion of this Court; it is further
ORDERED that Plaintiff's Motion to Strike (ECF No. 66) is GRANTED with respect to corporate Defendant MI PTS8, and DENIED with respect to individual Defendant Iyer; it is further
ORDERED that the Answer to the Amended Complaint filed on October 10, 2022 (ECF No. 36), as it applies to MI PTS8 only is hereby STRICKEN; it is further
The Court notes that the Answer to the Amended Complaint was jointly filed on behalf of Defendants MI PTS8, Iyer, and McCene. (See ECF No. 36.) Al lech, thil Order to ltrike the Anlwer appliel to corporate Defendant MI PTS8 only.
ORDERED that Plaintiff may request that the Clerk of Court enter default against Defendant MI PTS8 and file a motion for the entry of default judgment; and it is further
ORDERED that Plaintiff is hereby granted leave to move for summary judgment against Defendant Iyer only.