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14-4212 - Gesualdi et al v. J. H. Reid, General Contractor


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14-4212 - Gesualdi et al v. J. H. Reid, General Contractor
September 16, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATION to the extent that it recommends denial without prejudice of the Plaintiffs motion for a default judgment.However, the Court finds that good cause has been shown to extend, nunc pro tunc, the time for service of the amended complaint until August 17, 2015.Because the Defendant failed to timely answer or otherwise respond to the amended complaint, the Defendant is in default. Thus, the Court departs from the R&R insofar as it recommended vacating the Clerks entry of default, finding no basis for doing so at this time. The Plaintiffs are granted leave to renew their motion for a default judgment within thirty days of the date of this order.. Ordered by Judge Arthur D. Spatt on 9/16/2015. (Bollbach, Jean)
July 29, 2016
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ORDER ADOPTING 36 REPORT AND RECOMMENDATION - Pursuant to 28 U.S.C. ยง 636(b) and Fed. R. Civ. P. 72, the Court has reviewed the Second R&R for clear error, and finding none, now concurs in both its reasoning and its result. Therefore, the June 29, 2016 Report and Recommendation is adopted in its entirety, and the Plaintiffs 27 motion for a default judgment is granted as set forth therein. The Clerk of the Court is respectfully directed to enter judgment in favor of the Plaintiffs consistent with this Order and to close the case. Having failed to otherwise meaningfully participate in the more than two-year history of this case, the Court discerns no basis for granting Mr. Tobias present request for an additional week to "review the issues in this matter." His 39 letter motion is denied. SEE ATTACHED ORDER for details. So Ordered by Judge Arthur D. Spatt on 7/29/2016. (Coleman, Laurie)
February 27, 2017
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DECISION and Order - Based on the foregoing, the Court denies the Defendants 42 motion for relief from the default judgment under Rule 60(b)(1). This case shall remain closed. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 2/27/2017. (Coleman, Laurie)