Mexico Business Contacts, S.C. v. Alken-Ziegler, Inc.

Filing 9

ORDER 8 Adopting Report and Recommendation and Granting 6 Motion for Default Judgment filed by Mexico Business Contacts, S.C. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MEXICO BUSINESS CONTACTS, S.C.,
Case No. 12-cv-13529
Plaintiff,
HONORABLE STEPHEN J. MURPHY, III
v.
ALKEN-ZIEGLER, INC.,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION (docket no. 8), AND
GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (docket no. 6)
Plaintiff Mexico Business Contacts, S.C. filed its complaint against Alken-Ziegler, Inc.
on August 9, 2012, seeking to recover damages for breach of contract. Compl., ECF No.
1. Defendant was served with copy of the complaint and summons on August 13, 2012, but
failed to file any responsive pleading. See Cert. of Service, ECF No. 3. The Clerk entered
default on September 7, 2012. ECF No. 5. Plaintiff then filed a motion for default judgment
which was referred to a magistrate judge for a report and recommendation. The magistrate
judge issued her report on October 11, 2012, recommending the Plaintiff's motion be
granted.
The report stated that any objections to the report and recommendation must be filed
within fourteen days of service of the report and warned that "[f]ailure to file specific
objections constitutes a waiver of any further right of appeal." Report at 6, ECF No. 8
(citations omitted).
De novo review of a magistrate judge's findings is only required where a party has
properly objected to the proposed findings and recommendations. Fed. R. Civ. P. 72(b)(3).
A copy of the report and recommendation was served upon Defendant on October 11,

2012. But Defendant has failed to file any objection within the time provided. De novo
review of the magistrate judge's findings is, therefore, not required.
Having reviewed the file and the report and recommendation, the Court finds that the
magistrate judge's analysis is proper. Accordingly, the Court adopts the report's findings
and conclusions, and will enter an appropriate judgment.
WHEREFORE it is hereby ORDERED that report and recommendation of October 11,
2012 (docket no. 8) is ADOPTED and Plaintiff's motion for default judgment (docket no. 6)
is GRANTED.
s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: October 31, 2012
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on October 31, 2012, by electronic and/or ordinary mail.
Carol Cohron
Case Manager

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