Broadbent et al v. Americans For Affordable Healthcare Inc et al

Filing 400

REPORT AND RECOMMENDATIONS re 287 288 Plaintiffs' Application for Entry of Default by the Clerk against Defendants Association for Independent Managers Inc., Integrated Insurance Marketing Inc, Louis DeLuca, Real Benefits Association, Tanni le Ortiz, and Viking Administrators, Inc. It is RECOMMENDED that the objections of Defendants Gary Bastie, Roberta B Bastie, Jack M Winebrenner and L M Winebrenner 291 be overruled and that the Clerk enter default as to those Defendants. Objections to R&R due by 6/16/2014. Signed by Magistrate Judge Stephanie K. Bowman on 5/29/2014. (km1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
BAILEY BROADBENT, et al.,

Case No. 1:10-cv-943

Plaintiffs,
Dlott, C.J.
Bowman, M.J.

vs.
AMERICAN FOR AFFORDABLE
HEALTHCARE INC., et al.,
Defendants.

REPORT AND RECOMMENDATION
This civil action is now before the Court on Plaintiffs’ application to the Clerk for
entry of default, and supporting affidavit, against defendants Association for
Independent Managers, Inc., Integrated Insurance Marketing, Inc., Louis DeLuca, Real
Benefits Association, Tannile Ortiz, and Viking Administrators, Inc. (Docs. 287, 288).
Pro se Defendants Gary Bastie, Roberta B. Bastie, Jack M. Winebrenner, L.M.
Winebrenner filed objections to Plaintiffs’ application. (Doc. 291).
Rule 55 (a) of the Federal Rules of Civil Procedure provides:
(a) Entering a Default. When a party against whom a judgment for affirmative
relief is sought has failed to plead or otherwise defend, and that failure is shown by
affidavit or otherwise, the clerk must enter the party's default.
Here, Plaintiffs’ affidavit properly indicates that the named defendants have failed
to plead or otherwise defend in this matter, as required by Rule 55(a). (Doc. 288). The
pro se Defendants objections relate to the merits of Plaintiffs’ claims against them, and
are therefore irrelevant to the instant application for entry of default.
Defendants’ objections should be overruled.

Accordingly,

For the foregoing reasons, the undersigned finds that Plaintiffs’ application to the
Clerk for entry of default against defendants Association for Independent Managers,
Inc., Integrated Insurance Marketing, Inc., Louis DeLuca, Real Benefits Association,
Tannile Ortiz, and Viking Administrators, Inc. (Doc. 287) is well-taken. It is therefore
RECOMMENDED that the Clerk enter default as to those defendants.
s/Stephanie Bowman
Stephanie K. Bowman
United States Magistrate Judge

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
BAILEY BROADBENT, et al.,
Plaintiffs,

Case No. 1:10-cv-943
Dlott, C.J.
Bowman, M.J.

vs.
AMERICAN FOR AFFORDABLE
HEALTHCARE INC., et al.,
Defendants.

NOTICE
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to this Report and Recommendation (“R&R”) within FOURTEEN (14) DAYS
of the filing date of this R&R. That period may be extended further by the Court on
timely motion by either side for an extension of time. All objections shall specify the
portion(s) of the R&R objected to, and shall be accompanied by a memorandum of law
in support of the objections. A party shall respond to an opponent’s objections within
FOURTEEN (14) DAYS after being served with a copy of those objections. Failure to
make objections in accordance with this procedure may forfeit rights on appeal. See
Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir.
1981).