J & J SPORTS PRODUCTIONS, INC. v. BARRERA et al

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 18 -The plaintiff's claims against defendants BENITO BRITO FLORES and REST MEX, INC. are hereby DISMISSED WITHOUT PREJUDICE. The plaintiff must take action on its claims against defendant Samuel Barrera. If it intends to seek an entry of default under Rule55(a), it should do so promptly. Signed by Judge Sarah Evans Barker on 1/6/2017.(CBU)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION J & J SPORTS PRODUCTIONS, INC., Plaintiff, vs. SAMUEL BARRERA, individually and d/b/a TAQUERIA JALISCO, BENITO BRITO FLORES, individually and d/b/a TAQUERIA JALISCO, and REST MEX, INC. d/b/a TAQUERIA JALISCO, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:16-cv-00970-SEB-DML Order Approving and Adopting Report and Recommendation on Dismissal of Certain Defendants under Rule 4(m) On December 16, 2016, the Magistrate Judge submitted and filed her Report and Recommendation (Dkt. 18) that the plaintiff’s claims against defendants Benito Brito Flores and Rest Mex, Inc. should be dismissed without prejudice under Rule 4(m). The parties were afforded the opportunity according to statute and the Federal Rules of Civil Procedure to file objections to that Report and Recommendation. No party has filed an objection. The Court, having considered the Magistrate Judge’s Report and Recommendation (Dkt. 18) and being duly advised, now APPROVES and ADOPTS it. The plaintiff’s claims against defendants Benito Brito Flores and Rest Mex, Inc. are hereby DISMISSED WITHOUT PREJUDICE. The plaintiff must take action on its claims against defendant Samuel Barrera. If it intends to seek an entry of default under Rule 55(a), it should do so promptly. IT IS SO ORDERED. Date: _______________________ 1/6/2017 Distribution: All ECF-registered counsel of record via email generated by the court’s ECF system 2

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