Peter Kiewit Sons', Inc. v. Wall Street Equity Group, Inc. et al

Filing 375

MEMORANDUM AND ORDER adopting 370 Findings and Recommendation. Default is entered against defendants Wall Street Equity Group, Inc. and Wall Street Group of Companies, Inc. The plaintiff shall be afforded an opportunity to prove not only the amount of damages at issue, but the degree and extent of Wall Street Equity Group, Inc.'s and Wall Street Group of Companies, Inc.'s culpability in causing those damages. The clerk's office is directed to mail and email a copy of this filing to Wall Street Equity Group, Inc. and Wall Street Group of Companies, Inc. at the addresses identified by their former counsel in filing 365 . Ordered by Judge John M. Gerrard. (Copies mailed as directed) (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PETER KIEWIT SONS', INC.,
Plaintiff,

8:10-CV-365

vs.
MEMORANDUM AND ORDER
WALL STREET EQUITY GROUP,
INC., WALL STREET GROUP OF
COMPANIES, INC., SHEPHERD
FRIEDMAN and STEVEN S. WEST,
Defendants.
This matter is before the Court on the Findings and Recommendation
of the United States Magistrate Judge (filing 370) recommending that default
be entered against defendants Wall Street Equity Group, Inc. and Wall
Street Group of Companies, Inc., based on their failure to respond to the
Magistrate Judge's order to obtain counsel. No objection to the findings and
recommendation has been filed.
28 U.S.C. § 636(b)(1) provides for de novo review only when a party
objected to the Magistrate Judge's findings or recommendations. Peretz v.
United States, 501 U.S. 923 (1991). Failure to object to a finding of fact in a
Magistrate Judge's recommendation may be construed as a waiver of the
right to object from the district court's order adopting the recommendation of
the finding of fact. NECrimR 59.2(e). 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 370. 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.

IT IS ORDERED:
1.

Default is entered against defendants Wall Street Equity
Group, Inc. and Wall Street Group of Companies, Inc.

2.

The plaintiff shall be afforded an opportunity to prove not
only the amount of damages at issue, but the degree and
extent of Wall Street Equity Group, Inc.'s and Wall Street
Group of Companies, Inc.'s culpability in causing those
damages.

3.

The clerk's office is directed to mail and email a copy of this
filing to Wall Street Equity Group, Inc. and Wall Street
Group of Companies, Inc. at the addresses identified by
their former counsel in filing 365.

Dated this 21st day of March, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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