Lu v. Weinberger

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 37 Report and Recommendations. Signed by Judge Faith S. Hochberg on 5/20/14. (jd, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
__________________________________________
:
: Civil Case No. 13-1837
: (FSH) (JBC)
Plaintiff,
:
: ORDER
v.
:
: May 20, 2014
ANDREW WEINBERGER,
:
:
Defendant.
:
__________________________________________ :
GAN SHI LU,

HOCHBERG, District Judge:
This matter comes before the Court upon the Report and Recommendation of the
Honorable James B. Clark, III, United States Magistrate Judge, filed on May 2, 2014 [Docket
No. 37] regarding the Court’s Order to Show Cause why Defendant’s Answer should not be
stricken for failure to comply with the Court’s discovery Orders; and
it appearing that Magistrate Judge Clark conducted an in-person hearing, which
Defendant failed to attend, regarding the discovery Plaintiff sought and Defendant’s repeated
refusal to produce discovery materials over a five-month period; and
it appearing that, after the hearing, Judge Clark submitted a Report and Recommendation
finding that Defendant’s Answer should be stricken and that default be entered against
Defendant; and
it appearing that the Report and Recommendation adequately develops the factual record,
documenting Defendant’s failure to appear when required, respond to discovery requests, and
comply with the Court’s Orders; and
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it appearing that the Report and Recommendation properly applied the six-factor test
established by the Third Circuit in Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863, 868
(3d Cir. 1984), and appropriately concluded that Defendant’s knowing failure to meet any of his
discovery obligations warranted striking Defendant’s Answer and directing the Clerk to enter
default against Defendant; and
the Court having reviewed the Report and Recommendation de novo pursuant to 28
U.S.C. § 636 and L.Civ.R. 72.1; and having received no objections pursuant to L.Civ.R.
72.1(c)(2); and for good cause shown;
IT IS this 20th day of May, 2014, hereby
ORDERED that the Report and Recommendation of Magistrate Judge Clark filed on May 2,
2014 [Docket No. 37], is ADOPTED in its entirety.

IT IS SO ORDERED

/s/ Faith S. Hochberg__________
Hon. Faith S. Hochberg, U.S.D.J.

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