Smith et al v. Meeks et al

Filing 31

ORDER ADOPTING REPORT 29 of Magistrate Judge Carlson, interpleader & crossclaim deft Laken Meeks deemed to have abandoned this litigation, & interpleader defts & crossclaim pltfs Kenneth Walter Keller & Robert P. Keller may move for entry of default jdgmt by 12/8/17. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/30/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
THOMAS SMITH, et al.,
Plaintiffs
v.
LAKEN MEEKS, et al.,
Defendants

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CIVIL ACTION NO. 1:17-CV-12
(Chief Judge Conner)

ORDER
AND NOW, this 30th day of November, 2017, upon consideration of the
report (Doc. 29) of Magistrate Judge Martin C. Carlson, recommending the court
find that pro se defendant Laken Meeks (“Meeks”) has abandoned this litigation, and
further recommending that the court accordingly enter judgment against Meeks and
in favor of interpleader defendants and crossclaim plaintiffs Kenneth Walter Keller
and Robert P. Keller (“the Kellers”), and it appearing that Meeks has not objected to
the report, see FED. R. CIV. P. 72(b)(2), and the court noting that failure to timely
object to a magistrate judge’s conclusions “may result in forfeiture of de novo review
at the district court level,” Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing
Henderson v. Carlson, 812 F.2d 874, 878-79 (3d Cir. 1987)), but that, as a matter of
good practice, a district court should “afford some level of review to dispositive legal
issues raised by the report,” Henderson, 812 F.2d t 878; see also Taylor v. Comm’r
of Soc. Sec., 83 F. Supp. 3d 625, 626 (M.D. Pa. 2015) (citing Univac Dental Co. v.
Dentsply Int’l, Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)), in order to “satisfy
itself that there is no clear error on the face of the record,” FED. R. CIV. P. 72(b),

advisory committee notes, and, following independent review of the record, it
appearing that Meeks has been absent from and failed to meaningfully participate
in this litigation since the filing of her answer (Doc. 4) to plaintiff’s interpleader
complaint (Doc. 1) on January 23, 2017, and it further appearing that the Clerk of
Court consequently entered default (Doc. 17) against Meeks for failure to plead or
otherwise defend in response to the Kellers’ crossclaim for declaratory judgment,
see FED. R. CIV. P. 55(a), and the court being in full agreement with Judge Carlson’s
recommendation except to the limited extent that, rather than entering default
judgment sua sponte, cf. FED. R. CIV. P. 55(b)(2), the court will task the Kellers to
move for entry of default judgment pursuant to Federal Rule of Civil Procedure
55(b)(2), it is hereby ORDERED that:
1.

The report (Doc. 29) of Magistrate Judge Carlson is ADOPTED.

2.

Interpleader and crossclaim defendant Laken Meeks is deemed to
have abandoned this litigation.

3.

Interpleader defendants and crossclaim plaintiffs Kenneth Walter
Keller and Robert P. Keller may move for entry of default judgment
on or before Friday, December 8, 2017.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania