Moten v. Southfield Quality Cars Inc. et al

Filing 46

ORDER Accepting Report and Recommendation 44 to Enter Default Judgment Against Michael Monicatti. Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TERRI MOTEN,
Plaintiff,
V.

Case No. 17-13685
Honorable Denise Page Hood

MICHAEL MONICATTI and
MONICATTI AUTO SALES LLC,
Defendants.
/
ORDER ACCEPTING REPORT AND RECOMMENDATION TO ENTER
DEFAULT JUDGMENT AGAINST MICHAEL MONICATTI
This matter comes before the Court on Magistrate Judge Elizabeth A. Stafford’s
Report and Recommendation [#44] dated September 6, 2018, in which she
recommends entry of default judgment against Defendant Michael Monicatti.
Plaintiff filed this action on November 13, 2017, asserting that Defendants
fraudulently rolled back the mileage on the odometer of a car sold to Moten, along
with a worthless warranty. All defendants have been dismissed except for Michael
Monicatti and Monicatti Auto Sales LLC. A Clerk’s Entry of Default was entered
against Monicatti Auto Sales LLC on September 5, 2018, and that is the last entry on
the docket with respect to Monicatti Auto Sales LLC.
The Magistrate Judge recommends that the Court enter default judgment against
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Michael Monicatti because, among other things, Michael Manicotti: (a) failed to
respond to discovery requests; (b) failed to respond to the Magistrate Judge’s order
requiring a response to a motion to compel; and (c) failed to respond to an order to
show cause issued by the Magistrate Judge. The Magistrate Judge recommends that
default judgment against Michael Monicatti be entered in an amount determined by
the undersigned. No objections to the Report and Recommendation have been filed.
The Court has had an opportunity to review this matter and finds that the
Magistrate Judge reached the correct conclusions for the proper reasons. Finding no
error in the Magistrate Judge’s Report and Recommendation, the Court adopts the
Report and Recommendation in its entirety. Furthermore, as neither party has raised
an objection to the Report and Recommendation, the Court finds that the parties have
waived any further objections to the Report and Recommendation. Smith v. Detroit
Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987) (a party’s failure
to file any objections waives his or her right to further appeal); Thomas v. Arn, 474
U.S. 140, 149 (1985).
For the reasons stated above,
IT IS ORDERED that the Report and Recommendation [Dkt. No. 44, filed
September 6, 2018] is ADOPTED as the Court’s findings of fact and conclusions of
law.
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IT IS FURTHER ORDERED that DEFAULT JUDGMENT SHALL BE
ENTERED against Michael Monicatti.
IT IS FURTHER ORDERED that Plaintiff shall submit to the Court, on or
before October 31, 2018, the amount of default judgment Plaintiff is seeking, together
with any relevant documentation to support the amount requested.
IT IS FURTHER ORDERED that, on or before October 17, 2018, Plaintiff shall
advise the Court how Plaintiff intends to proceed against Defendant Monicatti Auto
Sales LLC and provide the Court with an address (and any other contact information
Plaintiff has) for Defendant Monicatti Auto Sales LLC.
IT IS FURTHER ORDERED that, on or before October 8, 2018, Plaintiff must
PLACE IN THE U.S. MAIL A COPY OF THIS ORDER to each of Michael
Monicatti and Monicatti Auto Sales LLC.
IT IS ORDERED.
s/Denise Page Hood
DENISE PAGE HOOD
United States District Judge

Dated: October 4, 2018

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I hereby certify that a copy of the foregoing document was served upon counsel of record on
October 4, 2018, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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