Klein v. Wings Over the World Ministries et al
Filing
92
MEMORANDUM DECISION AND ORDER ADOPTING 91 REPORT AND RECOMMENDATIONS re 75 Motion to Strike, 79 Motion to Strike, 81 Motion for Default Judgment, 82 Motion for Summary Judgment, 89 Motion to Vacate. The motion to fo r entry of default is granted. All other motions pending in this case are moot. Within 7 days of this order, the Receiver is directed to submit a Default Certificate to be entered by the Clerk of Clerk. Signed by Judge David Nuffer on 3/28/14 (alt)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
R. WAYNE KLEIN, the Court-Appointed
Receiver of U.S. Ventures LC, Winsome
Investment Trust, and the assets of Robert
J. Andres and Robert L. Holloway,
v.
Plaintiff,
MEMORANDUM DECISION
and ORDER ADOPTING REPORT &
RECOMMENDATION
Case No. 2:12-cv-23-DN-DBP
District Judge David Nuffer
WINGS OVER THE WORLD
MINISTRIES and TERRY L. HARPER,
Defendants.
Magistrate Judge Pead’s Report and Recommendation (R & R) 1 under 28 U.S.C. §
636(b)(1)(B) recommends that the court grant Receiver R. Wayne Klein’s motion for entry of
default 2 against Defendant Terry L. Harper and as a result of the entry of default, find all other
pending motions 3 moot. The R & R contained proper notice of the right to object to the R & R
within fourteen days of service. 4 No objections were filed.
The R & R recommends that the court grant the motion for entry of default based on
Defendant Harper’s ongoing
(1) blatant disregard of numerous court orders to refrain from submitting frivolous
filings; (2) refusal to provide discovery responses despite a Court order to do so
1
Report & Recommendation, docket no. 91, filed Mar. 5, 2014.
2
Motion for Default Against Defendant Terry L. Harper, docket no. 81, filed Jan. 29, 2014.
3
Motion to Strike Affidavit of Tresspass [sic], docket no. 75, filed Dec. 2, 2013; Motion to Strike Affidavit of
Constructive Notice and for Default Against Defendant Terry L. Harper, docket no. 79, filed Dec. 30, 2013;
Respondent’s Motion for Summar [sic] Judgment, docket no. 82, filed Jan. 27, 2014; Respondent Harper’s Ex Parte
Motion in the Form of a “Writ of Error” Quae Coram Nobis on Granting Klein’s Motion for Extension of Time to
Respond to Harper’s Summary Judgmetn [sic] Motion, docket no. 89, filed Feb. 27, 2014.
4
R & R at 13; see also Fed. R. Civ. P. 72(b)(2) (“Within 14 days after being served with a copy of the
recommended disposition, a party may serve and file specific written objections to the proposed findings and
recommendations.”).
and; (3) failure to pay the Receiver’s reasonable attorney fees in the amount of
$1,143.75 despite being ordered to do so by the Court. 5
All relevant materials have been reviewed de novo and the Report and Recommendation
is adopted in its entirety. The motion to for entry of default 6 is GRANTED. All other motions
pending in this case are MOOT. 7 Within 7 days of this order, the Receiver is directed to submit
a Default Certificate to be entered by the Clerk of Court, after which the Receiver may proceed
to move the court for default judgment against all parties. 8
Signed March 28, 2014.
BY THE COURT
________________________________________
District Judge David Nuffer
5
R & R at 12.
6
Docket no. 81.
7
Docket nos. 75, 79, 82, 89.
8
Default Certificate entered against Wings over the World Ministries, docket no. 14, filed July 18, 2012.
2
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