-TEM Elrod v. Busch Entertainment Corporation et al, No. 4:2009cv00164 - Document 86 (E.D. Va. 2011)

Court Description: ORDER adopting and approving in full the findings and recommendations set forth in the United States Magistrate Judge's 83 Report and Recommendation; denying 71 Motion for Default Judgment as to Sandeep Deepak Agarwal; granting 76 Motion f or Delay of Entry of Default Judgment; pursuant to the Entry of Default under Rule 55(a), defendant Agarwal loses his standing in this case, including the right to receive notice of the proceedings and the right to present evidence at the trial. Signed by District Judge Rebecca Beach Smith and filed on 6/27/11. (mwin, )

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-TEM Elrod v. Busch Entertainment Corporation et al Doc. 86 FILED UNITED STATES DISTRICT EASTERN DISTRICT COURT OF VIRGINIA Newport News Division JUN 2 7 2011 C FRK U.S. DISTRICT COURT NOHrOI.K. VA MISTY PETROSKY ELROD, Plaintiff, ACTION NO. 4:09cvl65 ACTION NO. BUSCH ENTERTAINMENT 4:09cvl64 ACTION NO. v. 4:09cvl66 CORPORATION, d/b/a WATER COUNTRY USA, and SANDEEP DEEPAK AGARWAL, Defendants. JANE DOE #1, of an infant then age eleven years, by SHANNON MIDDLETON, her mother and next friend. Plaintiff, v. BUSCH ENTERTAINMENT CORPORATION, d/b/a WATER COUNTRY USA, and SANDEEP DEEPAK AGARWAL, Defendants. JANE DOE #2, of an infant eleven years, NAISSA ARAUJO, then age by her mother and next friend, Plaintiff, v. BUSCH ENTERTAINMENT CORPORATION, d/b/a WATER COUNTRY USA, and SANDEEP DEEPAK AGARWAL, Defendants. Dockets.Justia.com ORDER This matter comes before the court on the Motion for Default Judgment as to Defendant Sandeep Deepak Agarwal the plaintiffs on March 28, Default #76), Judgment Against 2011, May 2, 2011. Judge by order Procedure hearings, of April 72(b), § Deepak Agarwal (ECF Busch Entertainment Corporation, of fact, disposition of 4, 2011 (ECF 636(b)(1)(B) #74), and (C) to conduct hearings, if necessary, findings Sandeep on The matter was referred to a United States Magistrate provisions of 28 U.S.C. Civil filed by and Motion for Delay of Entry of Defendant filed by the defendant, (ECF #71) , if pursuant to the and Federal Rule of including evidentiary and to submit to the undersigned proposed applicable, and recommendations for the the motions. The United States Magistrate Judge's Report and Recommendation was filed on June 1, recommended plaintiffs' Sandeep Deepak Agarwal 2011 (ECF #83) . The magistrate Motion for Entry of Default Judgment as to (ECF #71) be denied, that defendant's Motion for Delay of Entry of Default Judgment Against Agarwal granted, the to receive present evidence at Federal Rule of By judge, (ECF #76) and that Agarwal lose his standing in this case, right copy the of notice trial, of parties report were the proceedings and be including the right to pursuant to the Entry of Default under Civil Procedure the judge 55(a). and advised recommendation of their of right the to magistrate file written objections thereto. The magistrate judge's report filing same has in full the court expired. findings and The and has received no recommendation, court does recommendations objections and the to the time for hereby adopt and approve set forth in the Report and Recommendation of the United States Magistrate Judge filed June 1, 2011. Accordingly, Judgment as to the Sandeep Motion for Delay of GRANTED; and, Motion Deepak Agarwal Entry of Default pursuant defendant Agarwal plaintiffs' LOSES to the his Entry is in Entry DENIED; Judgment of standing for Default defendant's against Agarwal Default this the of under case, Rule is 55(a), including the right to receive notice of the proceedings and the right to present evidence at the trial. The Clerk shall forward a copy of this Order to all parties of record. It is Norfolk, June §1 so ORDERED. Virginia , 2011 1st Rebecca Beach Smith United States District Judge

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