Felix v. C.P.Q. Freight System et al

Filing 100

Chief Judge Patti B. Saris: ORDER ON REPORT AND RECOMMENDATIONS entered. "I ADOPT the report and recommendation, DENY the motion for default judgment and DISMISS for lack of prosecution. Action on motion: DENYING 90 Motion for Default Judgment; ADOPTING 94 Report and Recommendations. (LaFlamme, Jennifer)

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Cas~ 1:11-cv-10071-PBS

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MARC FELIX,

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Plaintiff,

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Freight System, et aI.,

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Defendants.

February 10,2014

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Boal, MJ.

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Civil Action No. 11-10071-PBS

REPORT AND RECOMMENDATION ON PLAINTIFF'S
RENEWED MOTION FOR DEF AULT JUDGMENT
[Docket No. 90]

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

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Document 94 Filed 02110/14 Page 1 of 6

Plaintiff Marc Felix ("Felix") filed a renewed motion for default judgment. Docket No.
1

For the following reasons, this Court recommends that the District Judge assigned to this

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1.

BACKGROUND
On January 4,2012, Felix filed a Second Amended Complaint. Docket No. 43. 2 Felix

alleges that on June 23, 2008, a truck operated by c.P.Q. Freight System collided into a Fung
Wah Bus Company bus, in which he was a passenger. Amended Complaint at ~~ 8, 12. Felix

1 The District Court referred this motion to the undersigned on November 18,2013.
Docket No. 91.
2 Felix had previously settled with defendant Fung Wah Bus Company. See Docket Nos.
40 and 42.

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