Elmer v. All Around Roustabout, LLC, et al

Filing 52

ORDER ADOPTS 40 Amended Recommendation of the United States Magistrate Judge; DENIES 10 Motion for Entry of Default and Default Judgment; GRANTS 20 Defendant's Motion to Set Aside Clerk's Entry of Default and for Leave to Answer or Otherwise Plead, by Judge Raymond P. Moore on 10/28/2015.(cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 15-cv-00601-RM-KLM
DAN ELMER, an individual,
Plaintiff,
v.
ALL AROUND ROUSTABOUT, LLC, a Colorado limited liability company,
ALL AROUND TRUCKING, LLC, a Colorado limited liability company,
RELIABLE FIELD SERVICES, LLC, a Colorado limited liability company, and,
ACE ENERGY SERVICES, LLC, a Colorado limited liability company,
Defendants
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before the Court on the October 7, 2015, Amended Recommendation of
United States Magistrate Judge (the “Recommendation”) (ECF No. 40), recommending that
Defendants’ Motion to Set Aside Clerk’s Entry of Default and for Leave to Answer or Otherwise
Plead (ECF No. 20) be granted. The Recommendation is incorporated herein by reference. See
28 U.S.C. § 636(b)(1)(B); FED. R. CIV. P. 72(b).
The Recommendation advised the parties that specific written objections were due within
fourteen days after being served with a copy of the Recommendation. (ECF No. 40 at page 13.)
Despite this advisement, no objections to the Recommendation have to date been filed by any
party and the time to do so has expired. (See generally Dkt.)

The Court concludes that Magistrate Judge Kristen L. Mix’s analysis was thorough and
sound, and that there is no clear error on the face of the record. See FED. R. CIV. P. 72(b) advisory
committee’s note (“When no timely objection is filed, the court need only satisfy itself that there
is no clear error on the face of the record in order to accept the recommendation.”); see also
Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir. 1991) (“In the absence of timely objection, the
district court may review a magistrate’s report under any standard it deems appropriate.”). The
Recommendation is, therefore, adopted as an order of this Court.
In accordance with the foregoing, the Court:
(1)

ADOPTS the Amended Recommendation of United States Magistrate Judge (ECF No. 40)
in its entirety;

(2)

GRANTS Defendants’ Motion to Set Aside Clerk’s Entry of Default and for Leave to
Answer or Otherwise Plead (ECF No. 20);

(3)

DENIES Plaintiff’s Motion for Entry of Default and Default Judgment (ECF No. 10);

(4)

DIRECTS the Clerk of the Court to set aside the Entry of Default (ECF No. 11); and

(5)

ORDERS that Defendants shall pay Plaintiff’s reasonable attorney’s fees and costs
incurred in moving for the Entry of Default and opposing the Motion to Set Aside (ECF
No. 20). The amount of such fees shall be determined in accordance with the procedure
set forth in the Recommendation (ECF No. 40, page 13).
DATED this 28th day of October, 2015.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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