Solis v. Sonora Environmental LLC et al

Filing 26

ORDER ADOPTING 25 Report and Recommendations. The Clerk shall enter an order of default against Defendant Jolley. Plaintiff shall submit an application for default judgment within sixty (60) days of the filing of this Order. Signed by Judge Jennifer G Zipps on 3/15/2012. (GCP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Hilda L. Solis, Secretary of Labor, United)
States Department of Labor,
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Plaintiff,
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vs.
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Sonora Environmental, L.L.C., an Arizona)
corporation; Lee Jolley, an individual; and)
Sonora Environmental, L.L.C. 401(K))
Profit Sharing Plan, an employee benefit)
plan,
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Defendants.
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No. CV 10-675-TUC-JGZ (JJM)
ORDER

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Pending before the Court is a Report and Recommendation issued by United States
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Magistrate Judge Jacqueline Marshall that recommends entering an order of default as to
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Defendant Jolley based on his failure to defend this matter.1 (Doc. 25.)

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A review of the record reflects that the parties have not filed any objections to the
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Report and Recommendation and the time to file objections has expired.
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The Court has reviewed the record and concludes that Magistrate Judge Marshall’s
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recommendations are not clearly erroneous. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72;
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Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v. Crabtree, 14
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F. Supp. 2d 1203, 1204 (D. Or. 1998).
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Accordingly, IT IS HEREBY ORDERED as follows:
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The Court reviews de novo the objected to portions of the Report and
Recommendation. 28 U.S.C. §636(b)(1); FED.R.CIV.P. 72(b). The Court review for clear
error the unobjected-to portions of the Report and Recommendation. Johnson v. Zema
Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); see also Conley v. Crabtree, 14 F.Supp.2d
1203, 1204 (D.Or. 1998).

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(1) Magistrate Judge Marshall’s Report and Recommendation (Doc. 25) is
ACCEPTED and ADOPTED.

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(2) The Clerk shall enter an order of default against Defendant Jolley.

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(3) Plaintiff shall submit an application for default judgment within sixty (60) days

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of the filing of this Order.

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Dated this 15th day of March, 2012.

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