GIFTBOXCENTER, LLC v. PETBOX, INC

Filing 39

ORDER ADOPTING 36 REPORT AND RECOMMENDATIONS of 1/17/17. Defendant's Answer (D.E. 9) shall be stricken; and that Defendant's Counterclaim (D.E. 9) is dismissed without prejudice. The Clerk is directed to enter Default against Defendant, and shall serve a copy of this order on Defendant via certified mail return receipt to its last known address: Petbox Inc. 11855 Sorrento Valley Road, Suite 521, Dan Diego, California 92121. (cert. mail receipt #7012 3050 0001 0977 4543) Signed by Judge John Michael Vazquez on 3/10/17. (sr, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GIFTBOXCENTER, LLC,

Plainttff
v.
PETBOX, INC.,

Civil Action No. 15-4390

ORDER ADOPTING
REPORT AND
RECOMMENDATION

Defendant.

John Michael Vazguez, U.S.D.J.
This matter comes before the Court on a sua sponte Report and Recommendation filed by
Magistrate James B. Clark III on January 17, 2017 recommending that this Court strike

Defendant’s Answer pursuant to Federal Rule of Civil Procedure 37(b)(2), dismiss Defendant’s
counterclaim without prejudice, and enter default against Defendant. D.E. 36. The parties were
given notice that, pursuant to Federal Rule of Civil Procedure 72(b)(2) and Local Civil Rule
71.1(c)(2), they had fourteen days to file an objection to Judge Clerk’s recommendation. To date,
it appears that neither party has objected. The Court has conducted a review of the record and of
Judge Clark’s Report and Recommendation for clear error,1 and for good cause shown,
IT IS on this 10th day of March, 2017,

De novo review is required when an objection is made. 21 U.S.C. § 636(b)(1). See also
Fed.R.Civ.P. 72(b)(3). However, when no objection is made, the Court reviews a magistrate
judge’s report and recommendation for clear error. McKean v. Colvin, 150 F. Supp. 3d 406, 40910 (M.D. Pa. 2015).

ORDERED that the Report and Recommendation filed January 17, 2017 (D.E. 36) is
ADOPTED2 and made part of this Order; and it is further
ORDERED that that Defendant’s Answer (D.E. 9) shall be stricken; and it is further
ORDERED that Defendant’s Counterclaim (D.E. 9) is dismissed without prejudice; and it

is further
ORDERED that the Clerk of the Court shall enter Default against Defendant; and it is
further
ORDERED that the Clerk of the Court shall serve a copy of this order on Defendant via
certified mail return receipt to its last known address: Petbox Inc. 11855 Sorrento Valley Road,
Suite 521, San Diego, California 92121.

/

John Michael Vazqu.S.J.

2

The Court may “accept, reject, or modify, in whole or in part, the findings or recommendations
made by the magistrate judge.” 28 U.S.C. § 636(b)(1).

The Court notes that the most recent correspondence to Defendant’s last known address was
returned as undeliverable. D.E. 37 & 38. The Court has not been notified of any address change
by Defendant and will therefore send this order to the same address. See L. Civ. R. 10.1 (requiring
that a party, whether represented by counsel or pro Se, has an obligation to advise the Court of any
change in address within seven days).
2