United States District Court, D. New Jersey
August 4, 2005.
LIVINGSTON, HILL & ABRAHAMI, LLC, WANNA.B, INC., DAVID ABRAHAMI, amd DORON ABRAHAMI, Plaintiffs,
HOWARD B. COHEN, FANDANGO, and WAL-MART, Defendants.
The opinion of the court was delivered by: JOEL PISANO, District Judge
OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION OF THE
This matter having come before the Court on the Report and
Recommendation of United States Magistrate Judge Madeline Cox
Arleo, filed July 22, 2005; and the Court having received no
objections; and the Court having reviewed the Report and
Recommendation and other documents on file in this matter; and
There being no express requirement that a district court
conduct a specific review of a magistrate judge's recommendations
where no objections are filed, see Thomas v. Arn, 474 U.S. 140, 150 (1985); however, in complying with the Third Circuit's
request that district courts "give some reasoned consideration to
the magistrate's report before adopting it as the decision of the
court," see Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir.
After thorough review of the findings of facts and conclusions
of law in the report and recommendation; and it appearing to the
Court that Mr. Cohen was given the maximum benefit of the Court's
leniency; and it further appearing that Mr. Cohen continually
failed to appear before the Court and otherwise exhibited a lack
of good faith in moving this litigation forward; and having
reviewed Plaintiffs' motion to strike Mr. Cohen's answer and
enter default against him and Defendant Fandango; and having
considered the proper authority for taking such action under
Hoxworth v. Robinson, 980 F. 2d 912 (3d Cir. 1992); IT IS
ON this 3rd day of August 2005
ORDERED that the Report and Recommendation of Magistrate
Judge Arleo, filed July 22, 2005, (1) recommending that
Defendants' Answer be stricken and (2) Plaintiffs' Motion for
Entry of Default be granted, is hereby ADOPTED as the findings
of fact and conclusions of law of this Court. Also on
recommendation from Magistrate Judge Arleo, Plaintiffs are
directed to file within thirty (30) days the appropriate
documents to secure default judgment in accordance with Federal
Rule of Civil Procedure 55(b).
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