Molero v. Trans Union, LLC et al

Filing 24

ORDER APPROVING REPORT AND RECOMMENDATION 22 re 17 : Plaintiff's Motion for Entry of Default Judgment 17 is DENIED; Plaintiff to file and serve Defendant within 30 days; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)

Case 1:18-cv-00283-GJQ-PJG ECF No. 24 filed 07/24/18 PageID.84 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CARRIE MOLERO,
Plaintiff,

Case No. 1:18-CV-283

v.

Hon. Gordon J. Quist

JACKSON FINANCIAL, INC.,
Defendant.
/

ORDER APPROVING
REPORT AND RECOMMENDATION
On June 13, 2018, Magistrate Judge Green filed a Report and Recommendation (R & R)
recommending that the Court deny Plaintiff’s motion for entry of a default judgment against
Defendant Jackson Financial, Inc. and order Plaintiff to file and serve an amended complaint
addressing the pleading deficiencies identified in the R & R.

The magistrate judge also

recommended that the default be set aside as moot at the time Plaintiff files an amended complaint.
(ECF No. 22) The R & R was duly served on Plaintiff on June 13, 2018. Plaintiff failed to file
timely objections pursuant to 28 U.S.C. § 636(b).
THEREFORE, IT IS ORDERED that the June 13, 2018, R & R (ECF No. 22) is approved
and adopted as the opinion of the Court.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Entry of Default Judgment (ECF
No. 17) is DENIED.
IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order,
Plaintiff shall file and serve on Defendant an amended complaint addressing the pleading
deficiencies identified in the R & R. If Plaintiff fails to file an amended complaint within that time,

Case 1:18-cv-00283-GJQ-PJG ECF No. 24 filed 07/24/18 PageID.85 Page 2 of 2

the complaint shall be dismissed for failure to state a claim. The default against Jackson Financial,
Inc. shall be set aside upon the filing of an amended complaint.

Dated: July 24, 2018

/s/ Gordon J. Quist
GORDON J. QUIST
UNITED STATES DISTRICT JUDGE