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Stayinfront, Inc. v. Tobin

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


April 27, 2006

STAYINFRONT, INC., ET. AL. PLAINTIFFS,
v.
WARREN TOBIN, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Hon. Faith S. Hochberg, U.S.D.J.

OPINION & ORDER

This case comes before the Court upon Magistrate Judge Shwartz's Report and Recommendation of April 4, 2006 in which the Magistrate Judge recommended that this Court, as appropriate sanctions for Defendants' refusal to participate in discovery or in any other proceedings in this matter: (1) enter default judgment against defendants Warren Tobin, Tobin Family Limited as Trustee for the Tobin Family Trust ("TFL"), Matthew Young, and Employment Associates Limited ("EAL"), and default against defendant Jeannette Tobin; (2) hold the Defendants in contempt; and (3) permit the Defendants' counsel to withdraw if default judgment is entered; and this Court having received no objections to the April 4, 2006 Report and Recommendation of Magistrate Judge Shwartz, save for the general objection of defendant Matthew Young that the Court is dealing with this matter "without first dealing with the Defendants' objection to jurisdiction;"*fn1 and the time to file and serve objections to the Magistrate Judge's Report and Recommendation having expired; and this Court having reviewed de novo the Report and Recommendation; and good cause appearing,

IT IS on this 27th day of April, 2006,

ORDERED that the Report and Recommendation of Magistrate Judge Shwartz is adopted as the opinion of this Court; and it is further

ORDERED that any further requests, including Plaintiffs' request for an Order requiring Defendants to pay Plaintiffs' expenses and attorneys fees and Plaintiffs' request for an extension of time to file proofs in support of default judgment against defendants Jeannette Tobin, shall be addressed to Magistrate Judge Shwartz for determination.


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