Sater Design Collections Inc, The v. Wingard Properties Inc et al

Filing 115

ORDER RULING ON REPORT AND RECOMMENDATIONS. The Report of theMagistrate Judge is ACCEPTED 95 . For the reasons articulated by the Magistrate Judge, the answer filed by Robert C. Lowery on behalf of The Lowery Group, Inc., 52 , is hereby STRICKEN from the record, and the Clerk of Court is hereby directed to make an entry of default as to defendant The Lowery Group, Inc. Signed by Honorable Terry L Wooten on 7/9/2010. (mcot, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION The Sater Design Collection, Inc., ) ) Plaintiff, ) ) vs. ) ) Wingard Properties, Inc., James T. Wingard,) Ray Covington, The Lowery Group, Inc., ) Robert C. Lowery, Steve Schwartz, and ) Jennifer Schwartz, ) ) Defendants. ) ____________________________________)

Civil Action No.: 4:08-4101-TLW-TER

ORDER
This matter is now before this Court for consideration of the Report and Recommendation ("the Report") issued to the Magistrate Judge to whom this case was previously assigned. (Doc. #95). In the Report, the Magistrate Judge notes that defendant The Lowery Group, Inc. has failed to comply with two Court Orders directing the corporation to obtain counsel. See (Docs. #61, #82). The Magistrate Judge recommends that the answer filed by Robert C. Lowery on behalf of The Lowery Group, Inc., (Doc. #52), be stricken from the record and that the Clerk of Court be directed to make an entry of default as to The Lowery Group, Inc. (Doc. #95). No party filed objections to the Report. Objections were due on March 22, 2010. This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report and Recommendation to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendation. See Camby v.

Davis, 718 F.2d 198, 199 (4th Cir. 1983). After a careful review of the Report and the record before this Court, the Report of the Magistrate Judge is ACCEPTED. (Doc. #95). For the reasons articulated by the Magistrate Judge, the answer filed by Robert C. Lowery on behalf of The Lowery Group, Inc., (Doc. #52), is hereby STRICKEN from the record, and the Clerk of Court is hereby directed to make an entry of default as to defendant The Lowery Group, Inc. IT IS SO ORDERED. s/Terry L. Wooten United States District Judge July 9, 2010 Florence, South Carolina

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