Portville Truck & Auto Repair, Inc. v. Koenig

Filing 23

-CLERK TO FOLLOW UP-ORDER adopting Report and Recommendation directing Clerk of Court to enter judgment in favor of plaintiff against defendant and to close the cas. Signed by Hon. Richard J. Arcara on 6/19/2013. (JMB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

PORTVILLE TRUCK & AUTO REPAIR, INC.,
Plaintiff,
ORDER
11-CV-1033A

v.
JOSEPH KOENIG d/b/a Wagon Wheel,

Defendant.

The above-referenced case was referred to Magistrate Judge H. Kenneth

Schroeder, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B). On July 27, 2012, Magistrate
Judge Schroeder filed a Report and Recommendation, recommending that a default
judgment be entered in favor of plaintiff against the defendant pursuant to Rule 37(b)(vi)
of the Federal Rules of Civil Procedure.
The Court has carefully reviewed the Report and Recommendation, the
record in this case, and the pleadings and materials submitted by the parties, and no
objections having been timely filed, it is hereby
ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons
set forth in Magistrate Judge Schroeder’s Report and Recommendation, the Clerk of
Court is directed to enter a default judgment in favor of plaintiff against defendant and
take all steps necessary to close the case.

SO ORDERED.

s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: June 19, 2013