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15-4730 - Cankat v. Noisette Cafe Inc. et al


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15-4730 - Cankat v. Noisette Cafe Inc. et al
January 3, 2017
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MEMORANDUM and ORDER ADOPTING REPORT AND RECOMMENDATION: There being no error as to defendant Caf only, the Court adopts MJ Gold's 19 Report and Recommendation without de novo review and grants plaintiffs motion 14 for default judgment as to the defendant Noisette Caf, only. Since the Report and Recommendation as to defendant Steinway has responded. In fact, on October 6, 2016, defendant Steinway and plaintiff submitted a joint stipulation in which the latter formally withdrew his motion against the former and agreed to treat any prospective answer as timely. Accordingly, this Court declines to adopt the Report and Recommendation as to defendant Steinway and, with plaintiffs acquiescence, will deny his motion for default judgment as to defendant Steinway. Ordered by Judge Frederic Block on 1/3/2017. (Innelli, Michael)