Gortat v. Dickenson Financial et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATION ; denying 9 Motion for Entry of Default; granting 10 Motion to Dismiss ; granting 18 Motion to Dismiss ; finding as moot 23 Motion to Strike ; adopting Report and Recommendations re 25 Report and Recommendations. Signed by Judge Dee Benson on 2/24/12. (jlw)

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BY:
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UNITED STATES COURT FOR THE DIslfflIeJfYdih¥¥AH
CENTRAL DIVISION

ALEEN GORTAT,
ORDER ADOPTING REPORT &

RECOMMENDATION

Plaintiff,

vs.

Case No. 2:l1-cv-0016

Judge Dee Benson

DICKENSON FINANCIAL; JOHNSON
MARK, LLC; WILLIAM A. MARK; and
DOES 1 THROUGH 10,
Defendants.

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Paul M. Warner on January 27,2012, recommending that this court: (1) deny plaintiff's
motion for entry of default as to Dickenson Financial (HDF") (Dkt. No.9); (2) grant defendants'
motions to dismiss (Dkt. Nos. 10, 18), and plaintiffs complaint be dismissed with prejudice; and
(4) deem moot defendants' motion to strike plaintiff's response to one of their motions to dismiss
(Dkt. No.9).
The parties were notified of their right to file objections to the Report and

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Recommendation within fourteen (14) days after receiving it. Plaintiff Wayman failed to file an
objection to the Magistrate's Report and Recommendations by 2/10/2012.
Having reviewed all relevant materials, including the record that was before the
magistrate judge, and the reasoning set forth in the magistrate judge's Report and
Recommendation, the court agrees with the analysis and conclusion of the magistrate judge.
Accordingly, the court ADOPTS the Report and Recommendation and issues the following
Order. Plaintiffs motion for entry of default as to DF (Dkt. No.9) be DENIED. Defendants'
motions to dismiss (Dkt. Nos. 10, 18) be GRANTED, and plaintiffs complaint be DISMISSED
WITH PREJUDICE. Defendants' motion to strike plaintiff's response to one of their motions to
dismiss (Dkt. No. 23) be deemed MOOT. The Clerk ofthe Court shall enter judgment against
plaintiff and close this case.
DATED this 24th day of February, 2012.

Dee Benson
United States District Judge

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