Leland Oil & Gas, LLC et al v. Azar et al
Filing
45
ORDER by Judge Daniel L. Hovland ADOPTING REPORT AND RECOMMENDATION 43 granting 41 Motion for Default Judgment.(MM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
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 December 3, 2015. See Docket
No. 41. On January 15, 2016, Magistrate Judge Charles S. Miller, Jr. issued a Report and
Recommendation in which he recommended that the motion be granted. See Docket No. 43. 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. Bensun was served
a copy of the summons and complaint of January 24, 2014. The Clerk’s entry of default was made
on December 2, 2015. Bensun has failed to appear or respond in any fashion.
Accordingly, the Court ADOPTS the Report and Recommendation (Docket No. 43) in its
entirety. Leland Oil’s motion for entry of default judgment (Docket No. 41) is GRANTED.
Pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, the Clerk of Court is directed to enter
default judgment against Bensun Energy and in favor of Leland Oil in the amount of $205,781.10
plus interest as provided by law.
IT IS SO ORDERED.
Dated this 2nd day of February, 2016.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court
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