Kana Investment Corp. v. federal deposit insurance corporation as receiver for Warren Bank et al

Filing 10

ORDER adopting Report and Recommendation 9 and denying plaintiff's Motion for Default Judgment 7 . Signed by District Judge Stephen J. Murphy, III (MBea)

Kana Investment Corp. v. federal deposit insurance corporation as receiver for Warren Bank et al

Doc. 10

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KANA INVESTMENT CORP.,
Case No. 12-cv-13689
Plaintiff,
HONORABLE STEPHEN J. MURPHY, III
v.
FEDERAL DEPOSIT INSURANCE
CORPORATION and NORTH CRE
VENTURE 2010-2, LLC,
Defendant.
/

ORDER ADOPTING REPORT AND RECOMMENDATION (docket no. 9), AND
DENYING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (docket no.7 )
This matter is before the Court on Plaintiff's motion for entry of Default Judgment to
Quiet Title (docket no. 7). The Court referred the motion to a magistrate judge, who issued
a report and recommendation on July 10, 2013, recommending the Court deny the motion
because defendant North CRE Venture 2010-2, LLC is a limited liability company that was
not properly served pursuant to Civil Rule 4. The magistrate judge notes that Plaintiff did
not effect personal service on an officer, director, or resident agent of the company.
Copies of the Report were served upon the parties on July 10, 2013. Pursuant to Civil
Rule 72(b)(2), Plaintiff had fourteen days from that date in which to file any specific written
objections to the recommended disposition. No objections have been filed. See Fed. R. Civ.
P. 72(b)(3) (requiring de novo review by a district judge only for "any part of the magistrate
judge's disposition that has been properly objected to").
Accordingly, the Court will deny Plaintiff's motion for default judgment as to North CRE
Venture 2010-2, LLC and order Plaintiff to file proof that this Defendant has been served

Dockets.Justia.com

in compliance with Civil Rule 4, within 7 days of the date of this Order. Failure to comply
with the terms of this Order will result in dismissal of the complaint as to this Defendant
without prejudice and without further notice or hearing.
WHEREFORE it is hereby ORDERED that the report and recommendation (docket
no. 18) is ADOPTED and Plaintiff's motion for default judgment (docket no.) is DENIED.
SO ORDERED.
s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: August 8, 2013
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on August 8, 2013, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Case Manager

2