Haddad v. Charles Riley and Associates, Incorporated et al

Filing 48

ORDER adopting 42 Report and Recommendation ; granting 24 Cross-motion for default judgment, and denying 27 Motion to set aside default. Signed by District Judge David M. Lawson. (DPer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION TONY HADDAD, Plaintiff, v. CHARLES RILEY & ASSOCIATES, INC., CHARLES RILEY, BRIGHTON MARKET, INC., and BLUE DIAMOND MARKET OF WARREN, INC., Defendants, and BRIGHTON MARKET, INC. Cross-Claimant, v. CHARLES RILEY & ASSOCIATES, INC., Cross-Defendant ______________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING CROSSCLAIMANT'S MOTION FOR DEFAULT JUDGMENT, AND DENYING CROSSDEFENDANT'S MOTION TO SET ASIDE DEFAULT Presently before the Court is the report issued on January 20, 2010 by Magistrate Judge Michael J. Hluchaniuk pursuant to 28 U.S.C. § 636(b) recommending that this Court grant the crossclaimant's motion for default judgment and denying the cross-defendant's motion to set aside the default judgment. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within fourteen days of service of the report, no objections have been filed. The parties' failure to file objections to the report and Case Number 09-12597 Honorable David M. Lawson Magistrate Judge Michael J. Hluchaniuk

recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court agrees with the findings and conclusions of the Magistrate Judge. Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt # 42] is ADOPTED. It is further ORDERED that the cross-claimant's motion for default judgment [dkt. # 24] is GRANTED. It is further ORDERED that the cross-defendant's motion to set aside the default judgment [dkt # 27] is DENIED. It is further ORDERED that judgment will be entered against the cross-defendant in favor of the cross-claimant on the cross-claim after a hearing at which the cross-claimant will have an opportunity to establish the amount of damages to which it is entitled. The hearing is scheduled for March 22, 2010, at 3:30 p.m. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: February 10, 2010

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 10, 2010. s/Teresa Scott-Feijoo TERESA SCOTT-FEIJOO

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