Musto et al v. Zaro

Filing 73

ORDER granting 70 Motion for Default Judgment; adopting Report and Recommendations re 72 Report and Recommendations.. Signed by Judge James L. Graham on 3/18/2019. (ds)(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

DAVE MUSTO, et al.,
Case No. 2:17-cv-506
Plaintiffs,
v.

Judge Graham

PAULA ZARO,

Chief Magistrate Judge Deavers
Defendant.
ORDER

This matter is before the Court for consideration of the February 26, 2019, Report and
Recommendation of Chief Magistrate Judge Deavers (ECF No. 72.) to whom this case was
referred pursuant to 28 U.S.C. § 636(b). (ECF No. 71.) Chief Magistrate Judge Deavers considered
Plaintiffs’ Motion for Default Judgment Against Defendant Paula Zaro (ECF No. 70.) and
recommended that the Motion for Default Judgment be granted. (ECF No. 72.) For the reasons
set forth below, the Court ADOPTS the Report and Recommendation issued by Chief Magistrate
Judge Deavers (ECF No. 72.), and Plaintiffs’ Motion for Default Judgment Against Defendant
Paula Zaro (ECF No. 70.) is GRANTED.
The Report and Recommendation specifically advised the parties that failure to object to
the Report and Recommendation within fourteen (14) days “will result in a waiver of the right to
de novo review by the District Judge and waiver of the right to appeal the judgment of the District
Court.” (ECF No. 72 at 413.) The March 12, 2019 deadline for filing objections to the Report and
Recommendation has since expired, and no party has objected to the Report and Recommendation.
The Court therefore ADOPTS the Report and Recommendation of Chief Magistrate Judge
Deavers. (ECF No. 72.) Plaintiffs’ Motion for Default Judgment Against Defendant Paula Zaro
(ECF No. 70.) is GRANTED. Accordingly, judgment shall be entered against Defendant in an
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amount to be determined at a hearing held pursuant to Fed. R. Civ. P. 55(b)(2)(B). In accordance
with 28 U.S.C. § 636(b), the Court hereby designates Chief Magistrate Judge Deavers to conduct
that hearing.
IT IS SO ORDERED.

/s/ James L. Graham
JAMES L. GRAHAM
United States District Judge
DATE: March 18, 2019

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