Gatt v. Express Recovery Services

Filing 23

ORDER ADOPTING REPORT AND RECOMMENDATIONS: denying 6 Motion to Remand to State Court; granting 13 Motion to Set Aside Judgment; adopting 22 Report and Recommendations. Signed by Judge Dale A. Kimball on 7/20/11 (alt)

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

RICHARD J. GATT,
Plaintiff,
ORDER ADOPTING & AFFIRMING
REPORT & RECOMMENDATION

v.
EXPRESS RECOVERY SERVICES,
INC.,

Case No. 2:11cv43DAK

Defendant.

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
June 8, 2011, Magistrate Judge Warner issued a Report and Recommendation concluding that
Defendant’s motion to set aside default judgment should be granted and that Plaintiff’s motion to
remand to state court should be denied.
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. Plaintiff has not filed
an objection, and the time for filing an objection has passed.
The court has reviewed the case de novo and the court agrees with the Report and
Recommendation in its entirety. The court hereby adopts it as the order of the court.
Accordingly, Defendant’s motion to set aside default judgment is GRANTED and Plaintiff’s
motion to remand to state court is DENIED.

DATED this 20th day of July, 2011.
BY THE COURT:

DALE A. KIMBALL
United States District Judge

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