LINWOOD TRADING LTD v. AMERICAN METAL RECYCLING SERVICES et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 49 Report and Recommendations ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 6/27/17. (cm, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNWOOD TRADING LTD.

Civil Action No.: 14-57$2-CCC-JBC

Plaintiff,
ORDER

V.

AMERICAN
METAL
SERVICES, et a!.,

RECYCLING

Defendants.
CECCHI, District Judge.
This matter comes before the Court on the Report and Recommendation (“R&R”) of
Magistrate Judge James B. Clark to sua sponte strike the Answer and enter default against
Defendants American Metal Recycling Services, Howard Misle, and Tamara Misle (collectively
“Defendants”). ECF No. 49. No objections have been filed thereto. The Court has considered
the history of this case and Judge Clark’s R&R, and for substantially the same reasons stated
therein;
ITlSonthis

dayof

,2017,

ORDERED that this Court adopts Judge Clark’s June 1, 2017 R&R that Defendants’
Answer be stricken pursuant to Federal Rule of Civil Proceure 37(b)(2) in light of the factors
enumerated in Poulis v. State Farm Casualty Co., 747 F.2d $63 (3d Cir. 1984) as a sanction for
failure to respond to the Court’s Orders and for failure to prosecute or defend a case, and that
default be entered against Defendants; and it is further
ORDERED the Clerk of the Court shall close the file in this matter.
SO ORDERED.
CLAIRE C. CECCHI, U.S.D.J.