Herb Reed Enterprises, Inc. et al v. Monroe Powell's Platters, LLC et al

Filing 149

ORDER that 131 , 132 , and 133 Objections to the Magistrate Judge's Report and Recommendation are OVERRULED and that the 130 Report and Recommendation is AFFIRMED. Defendant Powell's Answer is STRICKEN and default judgment is en tered against Defendants and on behalf of Plaintiffs. The Magistrate Judge's Orders regarding attorneys fees and Plaintiffs motion to compel are also AFFIRMED.The Clerk of Court shall forthwith enter default judgment in favor of Plaintiffs and against Defendants accordingly. Signed by Judge Philip M. Pro on 9/16/2013. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 *** 6 7 8 9 10 11 12 HERB REED ENTERPRISES, INC., et al., ) ) ) Plaintiffs, ) ) vs. ) ) MONROE POWELL’S PLATTERS, LLC, ) et al., ) ) ) Defendants. ) ) 2:11-CV-02010-PMP-NJK ORDER 13 Before the Court for consideration is the Report and Recommendation (Doc. 14 15 #130) entered by the Honorable Nancy J. Koppe, United States Magistrate Judge on July 16 11, 2013 which recommends that Defendant Powell’s Answer be stricken and that default 17 judgment be entered against him. On July 26, 2013, Defendants Monroe Powell and Monroe Powell’s Platters, 18 19 LLC, filed Objections to the Magistrate Judge’s Report and Recommendation (Docs. #131, 20 #132 & #133). On August 12, 2013, Plaintiff filed a Response to Defendant’s Objections 21 (Doc. #134). The Court has reviewed the foregoing proceedings, de novo, and based thereon 22 23 concludes that Defendant’s Objections to the Report and Recommendation of the 24 Magistrate Judge should be overruled and the Recommendation of the Magistrate Judge 25 should be affirmed. 26 /// 1 IT IS THEREFORE ORDERED that Defendant’s Objections to the Magistrate 2 Judge’s Report and Recommendation (Docs. #131, #132 & #133) are OVERRULED. 3 IT IS FURTHER ORDERED that the Report and Recommendation of the 4 Magistrate Judge (Doc. #130) entered July 11, 2013, is hereby AFFIRMED. Pursuant 5 thereto, Defendant Powell’s Answer is hereby STRICKEN and default judgment is hereby 6 entered against Defendants and on behalf of Plaintiffs. 7 8 9 10 IT IS FURTHER ORDERED that the Magistrate Judge’s Orders regarding attorneys fees and Plaintiff’s motion to compel are also AFFIRMED. IT IS FURTHER ORDERED that the Clerk of Court shall forthwith enter default judgment in favor of Plaintiffs and against Defendants accordingly. 11 12 DATED: September 16, 2013. 13 14 15 PHILIP M. PRO United States District Judge 16 17 18 19 20 21 22 23 24 25 26 2

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