Ameriquest Mortgage Company v. Zimmerle et al

Filing 34

OPINION AND ORDER ADOPTING RECOMMENDATION AND ENTERING DEFAULT JUDGMENT. The Court ADOPTS the 32 Recommendation of United States Magistrate Judge Boyd N. Boland and GRANTS the Plaintiffs 9 Motion for Default Judgment. Judgment by default against both Defendants shall enter contemporaneously herewith, by Judge Marcia S. Krieger on 09/29/2009.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 08-cv-02046-MSK-BNB AMERIQUEST MORTGAGE COMPANY, Plaintiff, v. KENNETH J. ZIMMERLE, and GRETCHEN R. ZIMMERLE, Defendants. ______________________________________________________________________________ OPINION AND ORDER ADOPTING RECOMMENDATION AND ENTERING DEFAULT JUDGMENT ______________________________________________________________________________ THIS MATTER comes before the Court pursuant to the September 8, 2009 Recommendation (# 32) of United States Magistrate Judge Boyd N. Boland that the Plaintiff's Motion for Default Judgment (# 9) be granted. More than 10 days have elapsed since the service of that Recommendation and no party has filed any objections thereto. Fed. R. Civ. P. 72(b); 28 U.S.C. § 636(b)(1). Where no party files objections to a recommendation, the Court applies whatever standard of review to that recommendation that it deems appropriate. Summers v. State of Utah, 927 F.2d 1165, 1167 (10th Cir.1991). This Court has reviewed the recommendation under the otherwise applicable de novo standard of Fed. R. Civ. P. 72(b). Upon a de novo review, the Court reaches the same findings and conclusions as the Magistrate Judge for the same reasons set forth therein. For the reasons stated therein, the Court ADOPTS the Recommendation (# 32) and GRANTS the Plaintiff's Motion for Default

Judgment (# 9). Judgment by default against both Defendants shall enter contemporaneously herewith. Dated this 29th day of September, 2009 BY THE COURT:

Marcia S. Krieger United States District Judge