Cruz et al v. Home & Garden Concepts, LLC et al

Filing 12

REPORT AND RECOMMENDATION re #7 Plaintiffs' MOTION for Default Judgment as to Defendants filed by Santos Aristides Majano Reyes, Neemias E. Cruz, Marvin A. Hernandez, Eleazar Cruz Zavala. Objections due 7/29/16. Signed by Magistrate Judge William Connelly on 7/12/2016. (Attachments: #1 Exhibit Letter, #2 Exhibit FRCP 72)(nk, Chambers) (Copies mailed to Murray A. Kivitz, Esq. [Defendants' counsel who has not entered his appearance] & to Defendant Sanoj Dhamindranath. No copy mailed to Defendant Home & Garden Concepts, LLC since previous mailing was returned undeliverable)

FEDERAL RULE OF CIVIL PROCEDURE 72
Magistrate Judges: Pretrial Order

(a) Nondispositive Matters. When a pretrial matter not dispositive of a
party's claim or defense is referred to a magistrate judge to hear and decide,
the magistrate judge must promptly conduct the required proceedings and,
when appropriate, issue a written order stating the decision. A party may
serve and file objections to the order within 14 days after being served with
a copy. A party may not assign as error a defect in the order not timely
objected to. The district judge in the case must consider timely objections
and modify or set aside any part of the order that is clearly erroneous or is
contrary to law.
(b) Dispositive Motions and Prisoner Petitions.
(1) Findings and Recommendations. A magistrate judge must promptly
conduct the required proceedings when assigned, without the parties'
consent, to hear a pretrial matter dispositive of a claim or defense or a
prisoner petition challenging the conditions of confinement. A record must be
made of all evidentiary proceedings and may, at the magistrate judge's
discretion, be made of any other proceedings. The magistrate judge must
enter a recommended disposition, including, if appropriate, proposed
findings of fact. The clerk must promptly mail a copy to each party.
(2) Objections. Within 14 days after being served with a copy of the
recommended disposition, a party may serve and file specific written
objections to the proposed findings and recommendations. A party may
respond to another party's objections within 14 days after being served with
a copy. Unless the district judge orders otherwise, the objecting party must
promptly arrange for transcribing the record, or whatever portions of it the
parties agree to or the magistrate judge considers sufficient.
(3) Resolving Objections. The district judge must determine de novo any
part of the magistrate judge's disposition that has been properly objected to.
The district judge may accept, reject, or modify the recommended
disposition; receive further evidence; or return the matter to the magistrate
judge with instructions.