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)

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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 2

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