Homeworx Franchising v. Meadows et al

Filing 67

ORDER ADOPTING 66 REPORT AND RECOMMENDATIONS: accordingly, 57 Motion to Dismiss is denied, 58 Motion for More Definite Statement is granted, and 62 Motion for Default Judgment is denied. Signed by Judge Dale A. Kimball on 11/17/10 (alt)

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Homeworx Franchising v. Meadows et al Doc. 67 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION HOMEWORX FRANCHISING, LLC, Plaintiff, v. DODGE MEADOWS, and STEVE HOFER, an individual and dba HOMEWORX OF DENVER, Defendants. ____________________________________ DODGE MEADOWS, Counterclaim Plaintiff, v. HOMEWORX FRANCHISING, LLC; AXIS POINT INC; BLUM CAPITAL PARTNERS, LP; ORDER AFFIRMING REPORT & RECOMMENDATION Case No. 2:09CV11DAK This case was assigned to United States District Court Judge Dale A. Kimball, who then referred it to United States Magistrate Judge Paul Warner under 28 U.S.C. § 636(b)(1)(B). On October 14, 2010, Magistrate Judge Warner issued a Report and Recommendation, recommending that the court deny Counterclaim Defendant's Motion to Dismiss the Amended Counterclaim, grant Counterclaim Defendants' Motion for More Definite Statement, and deny Dodge Meadows's Motion for Default Judgment as to Axis Point, Inc. and Blum Capital Partners. Dockets.Justia.com The Report and Recommendation notified the parties that any objection to the Report and Recommendation was required to be filed within ten days of receiving it. The court has not received any objections to the Report and Recommendation. The court has reviewed the case de novo and agrees with the analysis of the Report and Recommendation in its entirety. The court, therefore, adopts the Report and Recommendation as the Order of the court. Accordingly, Counterclaim Defendant's Motion to Dismiss the Amended Counterclaim is DENIED, Counterclaim Defendants' Motion for More Definite Statement is GRANTED, and Dodge Meadows's Motion for Default Judgment as to Axis Point, Inc. and Blum Capital Partners is DENIED. DATED this 17th day of November, 2010. BY THE COURT: DALE A. KIMBALL United States District Judge 2

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