The opinion of the court was delivered by: Esther Salas, U.S.D.J
CHAMBERS OF MARTIN LUTHER KING COURTHOUSE ESTHER SALAS 50 WALNUT ST. UNITED STATES DISTRICT JUDGE ROOM 2037 NEWARK, NJ 07101 973-297-4887
Pending before this Court is Plaintiff Brevet Capital Special Opportunities Master Fund III, LP's ("Plaintiff") Motion to strike the defendants' Garve W. Ivey, Jr., P.C. d/b/a The Ivey Law Firm and Garve W. Ivey, Jr. (the "Defendants") Answer for violation of Fed. R. Civ. P. 37, and to enter default judgment pursuant to Fed. R. Civ. P. 55. (the "Motion," Docket No. 73). Defendants did not oppose the Motion. On April 24, 2012, Magistrate Judge Cathy Waldor issued a Report and Recommendation (Docket Entry No. 81) recommending that this Court strike the Answer and enter default. Magistrate Judge Waldor advised the parties that they had fourteen days to file and serve any objections to the Report and Recommendation pursuant to Local Civil Rule 72.1(c)(2). To date, Defendants have not filed any objections.
The Court has considered Plaintiff's submission, as well as Judge Waldor's Report and Recommendation, and for the reasons stated therein,
IT IS on this 4th day of June 2012,
ORDERED that this Court adopts Judge Waldor's April 24, 2012 Report and Recommendation in part, and grants Plaintiff's Motion to strike; and it is further
ORDERED that this Court DENIES Plaintiffs' Motion for default judgment as Plaintiff failed to seek default from the Clerk of the Court prior to seeking default judgment (Fed. R. Civ. P. 55(a); and it is further
ORDERED that the Clerk of the Court is to enter default pursuant to Plaintiffs' request dated May 10, 2012; and it is further
ORDERED that Plaintiffs must file a motion for default judgment within 30 days of the date of this order; and it is further
ORDERED that the Clerk of the Court shall terminate Docket Entry Nos. 73 and 81.