USA v. Fraughton et al

Filing 50

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; adopting Report and Recommendations re 46 Report and Recommendations.; denying 13 Fraughton's Motion to Dismiss ; denying 31 Fraughton's Motion to Dismiss ; denying 32 Fra ughton's Motion for More Definite Statement of Plaintiff's Complaint ; granting 39 United States' Motion for Default Judgment against the Office of the Overseer for the Popular Assembly of Shared Enlightenment Ministry. Signed by Judge Dale A. Kimball on 3/3/2015. (jds)

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

UNITED STATES OF AMERICA,
Plaintiff,
v.

ORDER AFFIRMING & ADOPTING
REPORT & RECOMMENDATION
Case No. 2:14cv213DAK

VERNON D. FRAUGHTON, et al.,
Defendants.

Judge Dale A. Kimball
Magistrate Judge Paul M. Warner

This case was assigned to United States District Court Judge Dale A. Kimball, who then
referred it to United States Magistrate Judge Paul M. Warner under 28 U.S.C. § 636(b)(1)(B).
Before Magistrate Judge Warner the following motions were filed: Defendant Vernon D.
Fraughton’s Motion to Dismiss, Fraughton’s Second Motion to Dismiss, Fraughton’s Motion for
More Definite Statement, and the United States of America’s Motion for Default Judgement as to
the Office of First Presiding Overseer for the Popular Assembly of Shared Enlightenment
Ministry, Vernon F. Fraughton, First Presiding Overseer (“Office of Overseer”). On February 6,
2015, Magistrate Judge Warner issued a Report and Recommendation, recommending that
Fraughton’s motions to dismiss be denied, that Fraughton’s Motion for More Definite Statement
be denied, and that the United States’ motion for default judgment be granted.

The Report

and Recommendation notified the parties that any objection to the Report and Recommendation
was required to be filed within fourteen days of receiving it. On February 10, 2015, Fraughton
filed a pleading entitled “Defendant(s) Counterclaim against Plaintiff – Compulsory

Counterclaim.” On February 25, 2015, Fraughton also filed a pleading entitled “Defendant(s)
Counterclaim Against Plaintiff – Caveat of Any Deposition.” Fraughton did not file any specific
objections to Magistrate Judge Warner’s Report and Recommendation and the time for doing so
has passed.
The court has reviewed the motions at issue de novo. There is no basis for Fraughton’s
objection to this court’s referral of the matter to a magistrate judge or to the magistrate judge’s
authority to act on the pending motions. Furthermore, this court has subject matter jurisdiction
over the case, and the United States has stated a plausible claim against Fraughton for failure to
meet his federal tax obligations. Fraughton’s motion for a more definite statement is untimely
and without merit because the Complaint adequately pleads the cause of action against
Fraughton. Finally, the United States demonstrated that it is entitled to default judgment against
the Office of Overseer.
The court concludes that Magistrate Judge Warner’s Report and Recommendation
correctly analyzed the motions at issue. To the extent that either of Fraughton’s recently filed
“Counterclaims” could be construed to be objections to the Report and Recommendation, they
are without merit. Accordingly, the court adopts and affirms the Magistrate’s Report and
Recommendation as discussed above as the order of this court. The court, therefore, orders that
Fraughton’s motions to dismiss and motion for more definite statement are denied and the United
States’ motion for default judgment against the Office of the Overseer is granted.
To the extent that Fraughton’s recently filed “Counterclaims” are intended to be actual
Counterclaims against the United States, the Counterclaims are untimely. The deadline to file
amended pleadings in this case was October 31, 2014. Fraughton filed the recent Counterclaims
with no assertion of good cause for the delay. Moreover, Fraughton was required to obtain leave
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of court before filing the Counterclaim, which he did not seek. Accordingly, the court dismisses
the Counterclaims as untimely.
DATED this 3rd day of March, 2015.
BY THE COURT:

DALE A. KIMBALL
United States District Judge

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