GLOBAL COLLECTIONS CORP. v. DIAMOND LOGISTICS, INC., No. 2:2013cv00184 - Document 45 (D.N.J. 2014)

Court Description: OPINION/ORDER ADOPTING REPORT AND RECOMMENDATIONS granting in part 40 Motion to Strike, filed by GLOBAL COLLECTIONS CORP., 41 Report and Recommendations, that the Clerk of the Court shall enter default against Defendant; that Plaintiffs request for default judgment is DENIED WITHOUT PREJUDICE, and it may renew its request, on notice to Defendant, after default has been entered. Signed by Judge Faith S. Hochberg on 8/25/14. (DD, )

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY __________________________________________ : : : Plaintiff, : : v. : : DIAMOND LOGISTICS, INC., : : Defendant. : __________________________________________: GLOBAL COLLECTIONS CORP., Hon. Faith S. Hochberg, U.S.D.J. Civil Case No. 13-184 (FSH) OPINION & ORDER Date: August 25, 2014 HOCHBERG, District Judge: This matter coming before this Court upon the Honorable Michael A. Hammer s, U.S.M.J., August 6, 2014 Report and Recommendation recommending that the Court: (1) grant Plaintiff s motion to strike Defendant s Answer and enter default ; and (2) deny Plaintiff s motion to enter default judgment without prejudice to Plaintiff s right to renew that motion, on notice to Defendant, after default has been entered. (Dkt. No. 41.) This Court has considered the submissions of the parties pursuant to Federal Rule of Civil Procedure 78; and it appearing that neither party filed objections to the Report and Recommendation by August 21, 2014, pursuant to Federal Rule of Procedure 72(a); and this Court having reviewed de novo the Report and Recommendation, and good cause appearing; IT IS on this 25th day of August, 2014, ORDERED that Magistrate Judge Hammer s August 6, 2014 Report and Recommendation (Dkt. No. 41) is ADOPTED as the Opinion of this Court; and it is further ORDERED that Plaintiff s motion to strike Defendant s answer (Dkt. No. 40) is GRANTED IN PART; and it is further ORDERED that Defendant s answer is STRUCK; and it is further ORDERED that the Clerk of the Court shall enter default against Defendant; and it is further ORDERED that Plaintiff s request for default judgment is DENIED WITHOUT PREJUDICE, and it may renew its request, on notice to Defendant, after default has been entered. /s/ Faith S. Hochberg__________ Hon. Faith S. Hochberg, U.S.D.J. 2

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