Proctor et al v. Applegate et al

Filing 221

ORDER Adopting Report and Recommendation GRANTING Motion to Set Aside Default Judgments Against Defendants Trethway and Lajewski-Pearson. Signed by District Judge Paul D Borman. (McGee, R)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRED CORTLAND PROCTOR, et al., Plaintiffs, Case No. 07-12414 v. L. APPLEGATE, et al., Defendants. _________________________________/ OPINION AND ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION GRANTING MOTION TO SET ASIDE DEFAULT JUDGMENTS AGAINST DEFENDANTS TRETHWAY AND LAJEWSKI-PEARSON Before the Court is Magistrate Judge Michael Hluchaniuk's Report and Recommendation Granting Motion to Set Aside Clerk's Entry of Default on behalf of Plaintiffs as against Defendants James Trethway and Pam M. Lajewski-Pearson. (Dkt. No. 212.) In recommending that this Court grant Defendants' Motion to Set Aside Default, Magistrate Judge Hluchaniuk also ordered that these Defendants need not answer or otherwise respond to the original complaint filed in this matter in view of this Court's September 30, 2009 Opinion and Order (Dkt. No. 202) severing certain claims and directing Plaintiffs to file amended complaints as to all remaining Defendants in this matter. Having reviewed that Report and Recommendation, and there being no objections from either party, the Court; PAUL D. BORMAN UNITED STATES DISTRICT JUDGE MICHAEL HLUCHANIUK UNITED STATES MAGISTRATE JUDGE

ADOPTS the Magistrate Judge's Report and Recommendation GRANTING

Motion to Set Aside Default Against Defendants Trethway and LajewskiPearson and ORDERING that these Defendants need not respond to Plaintiffs' original complaint.

SO ORDERED. s/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: November 30, 2009 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on November 30, 2009. s/Denise Goodine Case Manager