Richards v. Barony Homes, Inc. et al

Filing 28

ORDER adopting and approving Report and Recommendation of Magistrate Judge 27 . See attached Order. The Clerk is directed to enter a default against Michael Donnelly. Signed by Judge Charlene E. Honeywell on 2/25/2010. (BGS)

UNITED STATES DISTRICT COURT M I D D L E DISTRICT OF FLORIDA F T . MYERS DIVISION

T E R I RICHARDS, on her own behalf and o th e rs similarly situated, P l a in tif f , v. C as e No: 2:09-cv-48-FtM-36DNF

B A R O N Y HOMES, INC., a Florida c o rp o ra tio n , MICHAEL DONNELLY, Defendants. _____________________________/

ORDER T H I S CAUSE came on for consideration upon the Report and Recommendation o f the United States Magistrate Judge Douglas Frazier, filed January 12, 2010 (Doc. 27). In the Report and Recommendation, Judge Frazier recommends that a default be entered a g a in s t Defendant Michael Donnelly due to his failure to respond to an Order to Show C a u se and failure to participate in the preparation of the Case Management Report (Doc. 2 5 ). All parties were furnished copies of the Report and Recommendation and were af fo rde d the opportunity to file objections pursuant to 28 U.S.C. § 636(b)(1). The Court n o te s that neither party filed written objections to the Report and Recommendation and the time for filing such objections has expired. After careful consideration of the Report

and Recommendation and upon this Court's independent examination of the file, it is d e te rm in e d that the Magistrate Judge's Report and Recommendation should be adopted, c o n f irm e d , and approved in all respects. ACCORDINGLY, it is therefore, ORDERED AND ADJUDGED: 1. T h e Report and Recommendation of the Magistrate Judge (Doc. 27) is

a d o p ted , approved and incorporated by reference in this Order of the Court for all p u rp o s e s , including appellate review. 2. T h e Clerk is directed to enter a default against Michael Donnelly for his

f a ilu re to comply with the Order to Show Cause and for failing to participate in the p re p a ra tio n of the Case Management Report.. D O N E AND ORDERED in Ft. Myers, Florida, on February 25, 2010.

C O P IE S FURNISHED TO: M a g is tra te Judge Douglas N. Frazier C o u n sel of Record