APAC SOUTHEAST INC v. BURNHAM PAVING, L.L.C. et al

Filing 97

ORDER ADOPTING 88 THE MAGISTRATE JUDGES REPORT AND RECOMMENDATION. The clerk shall enter a default against Kenneth E. Burnham. Signed by SENIOR JUDGE WILLIAM STAFFORD on 07/17/2012. (krb)

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

OLDCASTLE SOUTHERN GROUP,
INC.,
Plaintiff,
v.

3:10cv345-WS

BURNHAM PAVING, L.L.C., BURNHAM
PAVING & STRIPING, L.L.C.; JASON C.
BURNHAM; AND KENNETH E. BURNHAM,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation (doc. 88)
docketed June 12, 2012. The magistrate judge recommends that the clerk be directed
to enter a default against Jason C. Burnham and Kenneth E. Burnham for their repeated
failure to comply with numerous orders of the court. No objections to the report and
recommendation have been filed.
On June 27, 2012, Jason C. Burnham filed a suggestion of bankruptcy (doc. 93).
The case is stayed pursuant to 11 U.S.C. § 362 as to Jason C. Burnham only. See
Doc. 95.
The court has reviewed the record and has determined that the magistrate
judge's report and recommendation should be adopted as to Kenneth E. Burnham.

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Accordingly, it is ORDERED:
1. The magistrate judge’s report and recommendation (doc. 88) is
hereby ADOPTED and incorporated by reference in this order.
2. The clerk shall enter a default against Kenneth E. Burnham.
DONE AND ORDERED this

17th

day of

July

, 2012.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE