ERC, LLC v. Luxery Travel Brokers, Inc. et al

Filing 61

MEMORANDUM AND ORDER - Defendants' Objections 56 to Report and Recommendations 52 are overruled. Defendants' Motion for Extension of Time to Respond to Plaintiff's Motion to Strike 49 is denied. Plaintiff's Motion t o Strike Defendants' Answer and Amended Answer 44 is granted in part to the extent recommended by the Magistrate Judge, and the Court strikes from the record defendants' original answer and amended answer. Defendants' Motion to M odify the Scheduling order to allow the filing of second amended answer and counterclaims 39 is denied. It is ordered that default judgment is hereby entered against defendants on plaintiff's claims, with each side to bear its own fees and costs incurred to this date. All existing deadlines and settings, whether or not previously stayed, including the trial date of June 2, 2015, are hereby vacated. The Magistrate Judge is instructed to conduct further proceedings to issue a revised scheduling order for the purpose of preparing the case for a hearing before the Court to determine plaintiff's damages and other relief. Signed by District Judge John W. Lungstrum on 10/24/2014. (ses)