Leland Oil & Gas, LLC et al v. Azar et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATIONS; adopting 38 Report and Recommendations; denying 26 Motion for Default Judgment by Judge Daniel L. Hovland.(MM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Leland Oil & Gas, LLC, and K and R,
Roustabout, Inc.,

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)
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Plaintiffs,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 1:14-cv-161
Marsha Azar and Saul Azar dba Illinois,
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Energy, and Bensun Energy, LLC,
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Defendants.
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______________________________________________________________________________
Before the Court is a “Motion for Default Judgment Against Defendant Bensun Energy,
LLC” filed by Plaintiff Leland Oil & Gas, LLC (“Leland Oil”) on August 6, 2015. See Docket No.
26.

On November 4, 2015, Magistrate Judge Charles S. Miller, Jr. issued a Report and

Recommendation in which he recommended that the motion be denied without prejudice as Leland
Oil has not complied with the requirements of Fed. R. Civ. P. 55(a). See Docket No. 38. Judge
Miller also recommended that, in the interests of judicial economy, the Court treat the motion as a
request for entry of default. The parties were given fourteen days to file any objections to the Report
and Recommendation. No objections were filed.
The Court has carefully reviewed the Report and Recommendation, relevant case law, and
the entire record, and finds the Report and Recommendation to be persuasive. Rule 55(a) clearly
requires entry of default by the Clerk prior to the grant of default judgment under Rule 55(b).
Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 38) in its entirety.
Leland Oil’s motion for entry of default judgment (Docket No. 26) is DENIED without prejudice.
The Clerk of Court is directed to treat the motion for entry of default judgment as a request for entry

of default and enter default against Bensun Energy pursuant to Rule 55(a) of the Federal Rules of
Civil Procedure.
IT IS SO ORDERED.
Dated this 2nd day of December, 2015.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court

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