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US Acquisition, LLC v. Marchmont, LLC

United States District Court, Ninth Circuit, California, S.D. California
Sep 11, 2013
12cv1242 DMS (NLS) (S.D. Cal. Sep. 11, 2013)

Opinion


US ACQUISITION, LLC, Plaintiff, v. MARCHMONT, LLC, a California limited liability company, et al., Defendants. No. 12cv1242 DMS (NLS) United States District Court, S.D. California. September 11, 2013

          ORDER (1) ADOPTING REPORT AND RECOMMENDATION IN PART AND (2) STRIKING DEFENDANT BENWARD'S ANSWER AND ENTERING HIS DEFAULT

          DANA M. SABRAW, District Judge.

         This case comes before the Court on the August 14, 2013 Report and Recommendation ("R&R") of Magistrate Judge Nita L. Stormes. In the R&R, the Magistrate Judge recommends that the Court strike all pleadings by Defendant Benward and enter his default. Defendant Benward filed objections to the R&R, and Plaintiff U.S. Acquisition, LLC filed a reply.

         This Court, having reviewed the R&R de novo, adopts the recommendation in part, and orders as follows:

         1. The Clerk of Court shall strike Defendant Benward's Answer to the Complaint, and enter his default. Because the Cross-Defendants do not move to strike Defendant Benward's Cross-Claim, and U.S. Acquisition, LLC has no standing in that case, Defendant Benward's pending Cross-Claim shall not be stricken and shall remain on the docket.

         IT IS SO ORDERED.


Summaries of

US Acquisition, LLC v. Marchmont, LLC

United States District Court, Ninth Circuit, California, S.D. California
Sep 11, 2013
12cv1242 DMS (NLS) (S.D. Cal. Sep. 11, 2013)
Case details for

US Acquisition, LLC v. Marchmont, LLC

Case Details

Full title:US ACQUISITION, LLC, Plaintiff, v. MARCHMONT, LLC, a California limited…

Court:United States District Court, Ninth Circuit, California, S.D. California

Date published: Sep 11, 2013

Citations

12cv1242 DMS (NLS) (S.D. Cal. Sep. 11, 2013)