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

Filing 19

ORDER Adopting 15 Report and Recommendation: Denying 13 Motion for Default Judgment. Signed by District Judge Stephen J. Murphy, III. (CCoh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
KANA INVESTMENT CORP.,
Plaintiff,

Case No. 12-cv-13689

v.

HONORABLE STEPHEN J. MURPHY, III

FEDERAL DEPOSIT INSURANCE
CORPORATION, et al.,
Defendants.
/
ORDER ADOPTING REPORT AND RECOMMENDATION (document
no. 15) AND DENYING MOTION FOR DEFAULT JUDGMENT (document no. 13)
On November 14, 2013, plaintiff Kana Investment Corp. (“Kana”) moved for a default
judgment against defendant Federal Deposit Insurance Corporation (“FDIC”) before
obtaining an entry of default judgment from the Clerk of the Court. Due to the oversight, the
magistrate judge reviewing the default judgement motion recommended denying it. Kana
did not object. Instead, it contacted the Clerk about an entry of default and filed an
amended motion for default judgment.
A party has 14 days to file specific written objections to a report and recommendation.
See Fed. R. P. 72(b)(2). Although a court must review timely objections to a magistrate
judge's report and recommendation, a court may adopt, reject, or amend the portions of a
report and recommendation to which no party properly objects. See Fed. R. Civ. P.
72(b)(3); Thomas v. Arn, 474 U.S. 140, 150 (1985). Here, Kana filed no objections to the
Report, which correctly concluded that granting the original motion for default judgment
against FDIC was procedurally improper. Therefore, the Court will adopt the Report and
deny Kana's motion.

ORDER
WHEREFORE, it is hereby ORDERED that the Report (document no. 15) is
ADOPTED and Kana’s motion for default judgment (document no. 13) is DENIED.
SO ORDERED.

s/Stephen J. Murphy, III
STEPHEN J. MURPHY, III
United States District Judge
Dated: May 11, 2014
I hereby certify that a copy of the foregoing document was served upon the parties and/or
counsel of record on May 11, 2014, by electronic and/or ordinary mail.
s/Carol Cohron
Case Manager

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