Selectsun GmbH v. Porter Inc
Filing
170
ORDER: Porter, Inc.'s 133 objection is OVERRULED. Magistrate Judge Collins' 130 Report and Recommendation is ADOPTED as the court's opinion. Court STRIKES International Nautic's Answer (DE # 15, 78) and Motion to Dismiss ( DE # 80), and order default judgment against it as a sanction under Federal Rule of Civil Procedure 16(f)(1). In order to avoid the possibility of inconsistent results, the court withholds entry of a final judgment on the default until the conclusion of this litigation. Signed by Senior Judge James T Moody on 3/31/2016. (tc)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
SELECTSUN GMBH,
)
)
Plaintiff,
)
)
v.
)
)
PORTER, INC., d/b/a Thunderbird Products, )
and INTERNATIONAL NAUTIC, LLC,
)
)
Defendants.
)
No. 1:14 CV 215
ORDER
This matter is before the court on Magistrate Judge Collins’ Report and
Recommendation (“R&R”) pursuant to 28 U.S.C. § 636(b)(1)(b), Federal Rule of Civil
Procedure 72(b), and Northern District of Indiana Local Rule 72-1(b). (DE # 130.)
Magistrate Judge Collins recommended that the court strike International Nautic’s
Answer (DE # 15, 78) and Motion to Dismiss (DE # 80), and enter a default judgment
against it as a sanction under Federal Rule of Civil Procedure 16(f)(1), essentially
because International Nautic has abandoned this litigation. It is a limited liability
company which must be represented by an attorney, and it no longer is.
Consistent with that abandonment, International Nautic did not object to the
R&R. Defendant Porter, Inc., did, however, primarily on the basis that a default against
International Nautic creates the risk of an inconsistent result. (DE # 133.)
International Nautic must conduct its own litigation, therefore Porter, Inc.’s
objection (DE # 133) is OVERRULED. Magistrate Judge Collins’ R&R (DE # 130) is
ADOPTED as the court’s opinion. Therefore, the court STRIKES International Nautic’s
Answer (DE # 15, 78) and Motion to Dismiss (DE # 80), and order default judgment
against it as a sanction under Federal Rule of Civil Procedure 16(f)(1). In order to avoid
the possibility of inconsistent results, the court withholds entry of a final judgment on
the default until the conclusion of this litigation.
SO ORDERED.
Date: March 31, 2016
s/James T. Moody
JUDGE JAMES T. MOODY
UNITED STATES DISTRICT COURT
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