Redd v. Vails et al

Filing 57

ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PLAINTIFF'S MOTIONS FOR DEFAULT JUDGMENT regarding 39 Motion for Default Judgment filed by Parrish Redd, 44 Motion for Default Judgment filed by Parrish Redd, 50 Motion for Default Judgment filed by Parrish Redd, 43 Motion for Default Judgment filed by Parrish Redd, 45 Motion for Default Judgment filed by Parrish Redd and 51 Report and Recommendation Signed by District Judge Marianne O. Battani. (KDoa)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PARRISH REDD, Plaintiff, Case No. 14-14340 Hon. Marianne O. Battani v. TERRANCE VAILS, et al., Defendants. ____________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PLAINTIFF’S MOTIONS FOR DEFAULT JUDGMENT Plaintiff filed a pro se complaint alleging copyright infringement in November 2014. The Court referred the case to United States Magistrate Judge R. Steven Whalen for all pretrial proceedings. On March 27, 2015, Magistrate Judge Whalen issued a Report and Recommendation (“R&R”) recommending that the Court deny Plaintiff’s Motions for Default Judgment as to Chris Hugan and Marty Peters (See Doc. Nos. 39, 43, 44, 45, 50). In his Report and Recommendation, the Magistrate Judge informed the parties that objections to the R&R needed to be filed “within fourteen (14) days of service” and that a party’s failure to file objections would waive any further right of appeal. (Doc. No. 51 at 4). No objection has been filed. Not only does the Court agree with the analysis and recommendations contained in the R&R that the time for Defendants Peters and Hugan to file an answer had not passed and there had been no entry of default, the Court adds that Hugan and Peters timely answered the complaint after the R&R was filed. Accordingly, the Court ADOPTS the Magistrate Judge’s recommendation and DENIES Plaintiff’s motions. IT IS SO ORDERED. Date: April 21, 2015 s/Marianne O. Battani MARIANNE O. BATTANI United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail to the non-ECF participants on April 21, 2015. s/ Kay Doaks Case Manager 2

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