Theodosakis et al v. Clegg et al

Filing 51

ORDERED Magistrate Judge Pyle's 49 and 50 Report and Recommendations are accepted and adopted. The 40 Motion to Set Aside Entry of Default is GRANTED. The 29 Motion to Dismiss is DENIED. Within 14 days of the filing of this Order, the parties shall submit a joint proposed scheduling order addressing discovery and filings regarding the statute of limitations issue. Signed by Judge James A Soto on 3/31/2016. (KEP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jason Theodosakis, M.D., an individual;
Supplement Testing Institute, Inc., an
Arizona corporation,

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Plaintiffs,

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ORDER

v.

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No. 4: 14-CV-2445-TUC-JAS (CRP)

Daniel O. Clegg, M.D., et al.,

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Defendants.

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Pending before the Court are two Report and Recommendations issued by United

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States Magistrate Judge Pyle that recommend granting the Motion to Set Aside Entry of

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Default (Doc. 49) and denying the defendants’ Motion to Dismiss (Doc. 50). A review of

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the record reflects that the parties have not filed any objections to the Report and

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Recommendations and the time to file objections has expired. As such, the Court will not

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consider any objections or new evidence.

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The Court has reviewed the record and concludes that Magistrate Judge Pyle’s

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recommendations are not clearly erroneous. See 28 U.S.C. ' 636(b)(1); Fed. R. Civ. P.

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72; Johnson v. Zema Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999); Conley v.

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Crabtree, 14 F.Supp.2d 1203, 1204 (D. Or. 1998).

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Accordingly, IT IS HEREBY ORDERED as follows:
(1) Magistrate Judge Pyle=s Report and Recommendations (Docs. 49 and 50) are
accepted and adopted.

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(2) The Motion to Set Aside Entry of Default (Doc. 40) is GRANTED.

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(3) The Motion to Dismiss (Doc. 29) is DENIED. Within 14 days of the filing of

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this Order, the parties shall submit a joint proposed scheduling order addressing

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discovery and filings regarding the statute of limitations issue.

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Dated this 31st day of March, 2016.

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Honorable James A. Soto
United States District Judge

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