F.L. Roberts & Company, Inc. v. North East Freightways, Inc., et al

Filing 42

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered Re: Report and Recommendations Regarding 24 Motion for Default Judgment against Defendant Land-Air Express of New England, LTD. and 37 Motion to Strike Response to Motion for Default Jud gment. "...Upon de novo review, this court will adopt it, in part. As for the unopposed Motion to Strike (Dkt. No. 37), it is hereby ALLOWED. As to the Motion for Default Judgment (Dkt. No. 24), it is ALLOWED, in part, solely as to liabili ty, for two reasons. First, as Judge Robertson's Report points out, the issue of damages merits further clarification. Second, Fed. R. Civ. P. 54(b) prohibits entry of final judgment against fewer than all parties in a lawsuit, absent an e xpress determination by the court that there is "no just reason for delay." The court is not in a position to make such a determination at this point. The case will proceed as to the remaining parties in accordance with the scheduling order as revised. (See Dkt. Nos. 17 & 31.)" See Memorandum for additional details. (Healy, Bethaney)