Aziz of the Family of Jalal v. Ohio Office of Child Support et al

Filing 22

ORDER issued in that the 3/26/18 Magistrate Judge's Opinion and Order is ADOPTED and AFFIRMED. Defendants' Motion to Vacate the Entries of Default are GRANTED and Plaintiff's Motions for Default Judgment are DENIED. Signed by Judge George C. Smith on 4/26/18. (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
AZIZ OF THE FAMILY OF JALAL,
Plaintiff,
vs.

Case No.: 2:18-cv-25
JUDGE GEORGE C. SMITH
Magistrate Judge Vascura

OHIO OFFICE OF CHILD SUPPORT, et al.,
Defendants.
ORDER
On March 26, 2018, the United States Magistrate Judge issued an Opinion and Order
ordering that Defendants’ Motions to Vacate Entry of Default be granted and Plaintiff’s Motions
for Default Judgment be denied. (See Doc. 16). The parties were advised of their right to object
to the Opinion and Order. This matter is now before the Court on Plaintiff’s Objections. (See
Doc. 17). Defendants have each filed a response. (Docs. 20 and 21). The Court reviews de
novo those portions of the Opinion and Order to which an objection has been made. See 28
U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). De novo review in these circumstances requires at
least a review of the evidence before the magistrate judge; the Court may not act solely on the
basis of a magistrate judge’s report and recommendation. Hill v. Duriron Co., 656 F.2d 1208,
1215 (6th Cir. 1981).
Plaintiff objects to the Magistrate Judge’s order setting aside the default judgment in his
favor against the Franklin County Child Support Enforcement Agency (”FCCSEA”). He asserts
that he properly served both Defendants and received a lawful entry of default judgment.
Further, he argues that FCCSEA does not have a meritorious defense and the motion to set aside

default judgment should therefore be denied. Both Defendants have filed responses asserting
that Plaintiff’s objections merely state disagreement with the Magistrate Judge’s conclusions, but
fails to raise arguments showing how the conclusions are contrary to law. Further, Defendant
Ohio Department of Job and Family Services, Office of Child Support (“OCS”), argues that
Plaintiff has not raised any objections with respect to the Order granting its Motion to Vacate
Entry of Default and therefore it should be adopted and affirmed.
The Court has considered Plaintiff’s objection and agrees with the well-reasoned decision
of the Magistrate Judge that there is good cause to set aside the entries of default. Plaintiff will
not be prejudiced as this case is still in the early stages. Further, Defendants have asserted
several viable defenses. Therefore, the Court finds that the entries of default are hereby set
aside. Accordingly, Plaintiff’s Objections to the Magistrate Judge’s Opinion and Order are
overruled.
For the reasons stated above, the Magistrate Judge’s Opinion and Order is hereby
ADOPTED AND AFFIRMED. Defendants’ Motions to Vacate the Entries of Default are
GRANTED and Plaintiff’s Motions for Default Judgment are DENIED.
The Clerk shall remove Documents 10, 11, 14, 15, and 17 from the Court’s pending
motions list.
IT IS SO ORDERED.
/s/ George C. Smith__________________
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT

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