Grout Doctor Global Franchise v. Tirado et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 21 Report and Recommendations, DENYING 10 Motion to Dismiss filed by Eric C. Tirado, Erica L. Tirado, DENYING 20 Motion for Entry of Default filed by Grout Doctor Global Franchise, GRANTING 16 Motion to Strike Answer filed by Grout Doctor Global Franchise, DENYING 14 Motion to Strike filed by Grout Doctor Global Franchise. Signed by Judge Dee Benson on 11/3/2009. (rlr)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

GROUT DOCTOR GLOBAL FRANCHISE, a Nevada Corporation, Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION

vs.

ERIC C. TIRADO, ERICA L. TIRADO, TIRADO ENTERPRISES, THE GROUT PRO, Defendants.

Case No. 2:09-CV-451 Judge Dee Benson

Before the court is the Report and Recommendation issued by United States Magistrate Judge Samuel Alba on October 14, 2009. The parties were notified of their right to file objections to the Report and Recommendation within ten (10) days after receiving it. Neither party has filed such an objection. Having reviewed all relevant materials including the reasoning set forth in the Magistrate Judge's Report and Recommendation, the court ADOPTS the Report and Recommendation and enters the following Order: (1) Defendants' Motion to Dismiss (Dkt. No. 10) is DENIED; (2) Plaintiff's Motion to Strike Defendants' Motion to Dismiss (Dkt. No. 14) is DENIED;

(3) Plaintiff's Motion to Strike Defendant Tirado Enterprises' Answer (Dkt. No. 16) is GRANTED; and (4) Plaintiff's Motion for Default Judgment against Defendant Tirado Enterprises (Dkt. No. 16) is DENIED. It is FURTHER ORDERED that Defendant Tirado Enterprises shall have sixty (60) days from the date of this order in which to obtain counsel and file a responsive pleading in this case. In the event that Defendant Tirado Enterprises fails to comply with this Order, plaintiff shall be entitled to an entry of Default against Defendant Tirado Enterprises. It is so ordered. Dated this 3rd day of November, 2009.

_________________________________________ Dee Benson United States District Judge