Karlowitsch v. Evergreen Recreational Vehicle, LLC. et al
Filing
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ORDER adopting in full the Magistrate Judge's Report and Recommendation ECF No. 75 ; Clerk directed to strike Evergreen's motion to dismiss ECF No. 66 ; Plaintiff to submit a proposed default judgment order against Evergren within 7 days. Signed by Judge Miranda M. Du on 05/02/2017. (Copies have been distributed pursuant to the NEF - KW)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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JOHN KARLOWITSCH,
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Case No. 2:14-cv-02159-MMD-VCF
Plaintiff,
ORDER
v.
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EVERGREEN RECREATIONAL
VEHICLES LLC, dba LIFESTYLE
LUXURY RV; and TIARA RV SALES,
INC.,
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Defendants.
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Following a hearing, the Magistrate Juge granted counsel for Defendant Evergreen
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Recreational Vehicles, LLC’s (“Evergreen”) motion to withdraw. (ECF No. 75.) The
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Magistrate Judge gave Evergreen until April 28, 2017, to retain new counsel, which is a
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reasonable amount of time given the scheduled trial. The Magistrate Judge
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recommended that Evergreen’s motion to dismiss (ECF No. 66) be stricken and default
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be entered against Evergreen in the event Evergreen failed to retain counsel by April 28,
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2017. The deadline to retain counsel has passed and Evergreen has not retained counsel,
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nor has Evergreen sought an extension of time to retain counsel. Evergeen has had
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ample notice that its failure to comply with the Magistrate Judge’s deadline would result
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in default judgment being entered. Accordingly, the Court adopts the Magistrate Judge’s
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Report and Recommendation.
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It is therefore ordered that the Magistrate Judge’s Report and Recommendation
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(ECF No. 75) is adopted in full. The Clerk is directed to strike Evergreen’s motion to
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dismiss (ECF No. 66). Plaintiff is ordered to submit a proposed default judgment order
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against Evergren within seven (7) days pursuant to LR 7-2(f).
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DATED THIS 2nd day of May 2017.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE
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