Complete Nutrition Franchising, LLC et al v. J. Howell, LLC et al

Filing 35

MEMORANDUM AND ORDER that the Magistrate Judge's Findings, Recommendation, and Order (filing 31 ) are adopted. The Clerk of the Court is directed to enter J. Howell, LLC's default. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COMPLETE NUTRITION
FRANCHISING, LLC, and R2
DISTRIBUTION, LLC,

8:17-CV-3170

Plaintiffs,
MEMORANDUM AND ORDER
vs.
J. HOWELL, LLC, et al.,
Defendants.
This matter is before the Court on the Magistrate Judge's findings and
recommendation (filing 31) recommending that the Court enter a default
against defendant J. Howell, LLC.
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 31 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 J. Howell,

LLC's 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 31) are adopted.

2.

The Clerk of the Court is directed to enter J. Howell, LLC's
default.

Dated this 16th day of July, 2018.
BY THE COURT:

John M. Gerrard
United States District Judge

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