Renewable Energy Equipment Leasing, LLC v. Team Gemini, LLC

Filing 109

REPORT AND RECOMMENDATION that it is RECOMMENDED that Default Judgment be entered against Defendant Gemini Holdings I, LLC, Defendants Team Gemini, LLC and Team Gemini Project Cardinal. Objections to R&R due by 3/31/2017. Signed by Magistrate Judge Kimberly A. Jolson on 3/17/17. (sem)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
RENEWABLE ENERGY EQUIPMENT
LEASING, LLC,
Plaintiff,
v.

Civil Action 2:14-cv-2687
Judge Michael H. Watson
Magistrate Judge Jolson

TEAM GEMINI, LLC, et al.,
Defendants.
REPORT AND RECOMMENDATION
On March 2, 2017, the Court ordered Defendant Gemini Holdings I, LLC “to show cause
within fourteen (14) days of the date of this Order for why default judgment in favor of Plaintiff
[was] not appropriate.” (Doc. 107 at 2). The Court noted that unless Gemini Holdings, I, LLC
sufficiently showed cause, the undersigned would recommend default judgment.
Further, in that same Order, Defendants Team Gemini, LLC and Team Gemini Project
Cardinal were directed to obtain counsel within fourteen (14) days, and to have their new counsel
file a notice of appearance within that timeline. (Id. at 4). Defendants Team Gemini, LLC and
Team Gemini Project Cardinal, LLC were also warned that if counsel was not obtained, “the
undersigned would recommend default judgment.” (Id.).
Fourteen days have passed and all three Defendants failed to comply with this Court’s
Order. Accordingly, it is RECOMMENDED that DEFAULT JUDGMENT be entered against
Defendant Gemini Holdings I, LLC, Defendants Team Gemini, LLC, and Team Gemini Project
Cardinal.

Procedure on Objections to Report and Recommendation
If any party objects to this Report and Recommendation, that party may, within fourteen
(14) days of the date of this Report, file and serve on all parties written objections to those
specific proposed findings or recommendations to which objection is made, together with
supporting authority for the objection(s).

A Judge of this Court shall make a de novo

determination of those portions of the Report or specified proposed findings or recommendations
to which objection is made. Upon proper objections, a Judge of this Court may accept, reject, or
modify, in whole or in part, the findings or recommendations made herein, may receive further
evidence or may recommit this matter to the Magistrate Judge with instructions. 28 U.S.C.
§ 636(b)(1).
The parties are specifically advised that failure to object to the Report and
Recommendation will result in a waiver of the right to have the District Judge review the Report
and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of
the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140
(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
IT IS SO ORDERED.

Date: March 17, 2017

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

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