Ivy v. Spiller et al

Filing 62

ORDER ADOPTING REPORT AND RECOMMENDATIONS - Defendant Dr. Shah's Motion to Set Aside Default and for Leave to File Answer and Affirmative Defenses is GRANTED; Plaintiff's Motions for Default Judgment [Docs. 24 & 33] are DENIED. Signed by Judge Staci M. Yandle on 12/3/15. (hjg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHNATHAN IVY,
Plaintiff,
Case No. 15-cv-00331-SMY-PMF

vs.
THOMAS SPILLER, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 39) of
Magistrate Judge Philip M. Frazier recommending this Court grant Defendant Dr. Shah's Motion to Set
Aside Default Judgment and for Leave to file Answer and Affirmative Defenses for Defendant Vipin
Shah, M.D. Instanter (Doc. 29) and Plaintiff's Motions for Default Judgment (Docs. 24 and 33).
The Court may accept, reject or modify, in whole or in part, the findings or recommendations of
the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de
novo the portions of the report to which objections are made. The Court has discretion to conduct a new
hearing and may consider the record before the magistrate judge anew or receive any further evidence
deemed necessary. Id. "If no objection or only partial objection is made, the district court judge reviews
those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).
The Court has received no objection to the Report. The Court has reviewed Plaintiff's Motions
and case history and finds that the Report is not clearly erroneous. Accordingly, the Court ADOPTS the
Report of Magistrate Judge Frazier (Doc. 39) and GRANTS Defendant Dr. Shah's Motion to Set Aside
Default Judgment, and DENIES Plaintiff's Motions for Default Judgment (Docs. 24 and 33).

IT IS SO ORDERED.

DATED: December 3, 2015

s/ Staci M. Yandle
STACI M. YANDLE
DISTRICT JUDGE