Hirsch et al v. Johnson et al

Filing 36

ORDER. Accordingly, having reviewed the pleadings and the Report and Recommendation in this matter, it is hereby ORDERED that: (1) Judge Jones' Report and Recommendation [Dkt. 35] is ADOPTED IN FULL as the Court's Own findings and rulings. (See Order For Details). Signed by District Judge James C. Cacheris on 6/4/15. (nhall)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
ROBERT HIRSCH and
ROCCO J. DELEONARDIS,

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Plaintiffs,
v.
ROBERT JOHNSON,
Defendant.

1:14-cv-332 (JCC/MSN)

O R D E R
This breach of contract action stems from a dispute
regarding the distribution of settlement proceedings from
litigation in the Superior Court of Arizona, Maricopa County,
captioned Wanchuk v. PCM Ventures I, LLC, No. CV2007-9523
(“Wanchuk”).

The Court previously dismissed the case without

prejudice against Defendant Adam Romney; thus, only Defendant
Robert Johnson remains.

(See June 26, 2014 Mem. Op [Dkt. 17];

Order [Dkt. 18].)
On February 9, 2015, the Clerk of Court entered
default as to Defendant Robert Johnson pursuant to Rule 55(a) of
the Federal Rules of Civil Procedure.

[Dkt. 33.]

Plaintiffs

moved for entry of default judgment against Defendant Robert
Johnson.

[Dkt. 22.]

The Court referred this motion to United

States Magistrate Judge Thomas Rawles Jones, Jr., pursuant to 28

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U.S.C. § 636(b)(1)(B), for a Report and Recommendation.
After supplemental briefing [Dkt. 31], Judge Jones
filed his Report and Recommendation on May 5, 2015.

[Dkt. 35.]

Judge Jones recommended1 that default judgment be entered against
Defendant Robert Johnson for the breach of contract claim as to
liability only.

Judge Jones also recommended that the Court

hold an additional hearing to determine the appropriate amount
of damages.

Judge Jones advised each party of the right to file

written objections to this recommendation.

To date, the Court

has not received any objections, and the time to file has now
expired.
Accordingly, having reviewed the pleadings and the
Report and Recommendation in this matter, it is hereby ORDERED
that:
(1) Judge Jones’ Report and Recommendation [Dkt. 35]
is ADOPTED IN FULL as the Court’s own findings and rulings;
(2) Plaintiffs shall comply with the provisions of
Virginia Code § 8.01-296(2)(b)2 and file proof of such compliance
with the Clerk of Court by no later than July 2, 2015;

1

This recommendation is made assuming that Plaintiffs first
comply with Virginia law by providing Defendant Robert Johnson
the necessary notice of pending entry of default judgment.
2
Specifically:
[N]ot less than 10 days before judgment by
default may be entered, the party causing
service or his attorney agent [must] mail[]
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(3) Once the Court is satisfied that Plaintiffs have
fulfilled the service of process requirements under Virginia
law, the Court will enter a subsequent order as necessary; and
(4) The Clerk of Court shall forward this Order to all
counsel of record.

This matter is continued.

It is so ORDERED.

June 4, 2015
Alexandria, Virginia

/s/
James C. Cacheris
UNITED STATES DISTRICT COURT JUDGE

to the party served a copy of such process
and thereafter files in the office of the
clerk of the court a certificate of such
mailing . . . . [T]he mailing of a copy of
the pleadings with a notice that the
proceedings
are
pending
in
the
court
indicated and that upon the expiration of 10
days after the giving of the notice and the
expiration of the statutory period within
which to respond, without further notice,
the entry of a judgment by default as prayed
for in the pleadings may be requested, [and]
shall satisfy the mailing requirements of
this section and any notice requirement of
the Rules of Court.
Va. Code § 8.01-296(2)(b).
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