Best v. Mobile Streams, Inc. et al

Filing 151

ORDER adopting Report and Recommendation 135 . The answer of Mobile Streams, Inc. is STRICKEN. Default Judgment is entered in favor of plaintiff against Mobile Streams, Inc. The amount to be determined. Signed by Judge Sandra S Beckwith on 2/26/14. (mb)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Blake Best,
Plaintiff,
vs.
Mobile Streams, Inc., et al.,
Defendants.

:
:
:
:
:
:
:
:
:

Case No. 1:12-cv-564

ORDER
On January 13, 2014, the Magistrate Judge issued a Report and
Recommendation (Doc. 135) concerning the status of defendant Mobile Streams, Inc.
As fully discussed in the Report, Mobile Streams, Inc., was properly served with
Plaintiff’s complaint. Thereafter, an employee of the company filed an answer to the
complaint (see Doc. 28). The Magistrate Judge issued an Order to Show Cause (Doc.
129) to Mobile Streams, requiring it to have counsel appear on its behalf. When Mobile
Streams failed to respond, the Magistrate Judge recommended that Mobile Streams’
answer be stricken, and that a default judgment be granted against it.
Proper notice has been given to the parties under to 28 U.S.C. §636(b)(1)(C),
including notice that the parties would waive further appeal if they failed to timely file
objections to the Report and Recommendation. No objections have been filed to date.
Therefore, for good cause shown, the Court hereby adopts the Magistrate
Judge’s Report and Recommendation in full. The Court orders that the answer filed on
behalf of Mobile Streams, Inc., Doc. 28, be STRICKEN from the record.
The Court grants a default judgment in favor of Plaintiff against Mobile Streams,

Inc., on all of Plaintiff’s claims against it. The amount of the default judgment will be
determined by the Court.
SO ORDERED.
DATED: February 26, 2014

s/Sandra S. Beckwith
Sandra S. Beckwith, Senior Judge
United States District Court

-2-