Blues Events, et al, v. Lincoln Professional Baseball, et al.

Filing 60

ORDER - The Magistrate Judge's Findings, Recommendation, and Order (filing 59 ) are adopted. The Clerk of the Court is directed to enter Blues Events, LLC's default. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LINCOLN PROFESSIONAL
BASEBALL, INC.,
4:13-CV-3101
Counterclaimant,
vs.

ORDER

BLUES EVENTS, LLC,
Counter-defendant.
This matter is before the Court on the Magistrate Judge's Findings,
Recommendation, and Order (filing 59) recommending that the Court enter a
default and/or default judgment against counter-defendant Blues Events,
LLC, as a result of Blues Events' failure to comply with the Court's
progression order or comply with discovery. No objection has been lodged to
the findings and recommendation.
28 U.S.C. § 636(b)(1) provides for de novo review only when a party has
objected to the Magistrate Judge's findings or recommendations. Peretz v.
United States, 501 U.S. 923 (1991). The Magistrate Judge's findings and
recommendation advised the parties that failure to object to the findings and
recommendation may be held to be a waiver of the right to appeal the Court's
adoption of the recommendation. See filing 59 at 2. And the failure to file an
objection eliminates not only the need for de novo review, but any review by
the Court. Thomas v. Arn, 474 U.S. 140 (1985); Leonard v. Dorsey & Whitney
LLP, 553 F.3d 609 (8th Cir. 2009); see also United States v. Meyer, 439 F.3d
855, 858-59 (8th Cir. 2006).
Accordingly, the Court deems any objection to the Magistrate Judge's
findings and recommendation waived, and will adopt the findings and
recommendation. The Court will order the clerk's office to enter Blues Events'
default. A final judgment in this matter will be entered upon a properly
supported motion for default judgment and, if necessary, a hearing to
determine the amount of damages. See, Fed. R. Civ. P. 55(b)(2); Everyday
Learning Corp. v. Larson, 242 F.3d 815, 818-19 (8th Cir. 2001).

IT IS ORDERED:
1.

The Magistrate Judge's Findings, Recommendation, and
Order (filing 59) are adopted.

2.

The Clerk of the Court is directed to enter Blues Events,
LLC's default.

Dated this 23rd day of September, 2014.
BY THE COURT:

John M. Gerrard
United States District Judge

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