Badger Auctioneers, Inc. v. Ali et al

Filing 40

ORDER adopting 38 REPORT AND RECOMMENDATIONS denying 23 Amended MOTION for default judgment against My Fresh Market Corp. filed by Badger Auctioneers, Inc., denying 22 Amended MOTION for default judgment against Zaid Ali filed by Badger Auctioneers, Inc. Defendants shall file a response to Plaintiff's Complaint by February 6, 2017, and the parties shall file their case management report by February 28, 2017. Signed by Judge Gregory A. Presnell on 1/23/2017. (TKW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
BADGER AUCTIONEERS, INC.,
Plaintiff,
v.

Case No: 6:16-cv-572-Orl-31TBS

ZAID ALI and MY FRESH MARKET
CORP.,
Defendants.

ORDER
On January 10, 2017, Magistrate Judge Smith filed his Report & Recommendation (Doc.
38) recommending, inter alia, that Defendants’ Motion to Vacate Clerk’s Defaults (Doc. 37) be
granted.1 Plaintiff has filed objections to the Report & Recommendation (Doc. 39). Upon
consideration of the foregoing, it is
ORDERED that Plaintiff’s objections are OVERRULED. Judge Smith’s Report &
Recommendation is CONFIRMED. The Clerk’s defaults are hereby VACATED.
It is further ORDERED that Plaintiff’s Motions at Doc. 22 and 23 are DENIED.
Defendants shall file a response to Plaintiff’s Complaint by February 6, 2017, and the parties shall
file their case management report by February 28, 2017.

1

Plaintiff did not oppose this Motion and Judge Smith construed it as unopposed. Doc.
38 @ pp. 3-4.

DONE and ORDERED in Chambers, Orlando, Florida on January 23, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Party

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