Opinion
3:23-cv-631-E-BN
05-10-2024
LUCAS B. HORTON, Plaintiff, v. SUNPATH, LTD., Defendant.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
ADA BROWN, UNITED STATES DISTRICT JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case. No objections were filed. The District Court reviewed the proposed findings, conclusions, and recommendation for plain error. Finding none, the Court ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge.
The Court therefore ORDERS the following:
• Plaintiff Lucas B. Horton's motions for default judgment [Dkt. Nos. 39 & 40] are DENIED WITHOUT PREJUDICE;
• Defendant SunPath, Ltd.'s Special Appearance [Dkt. No. 1-9] and Original Answer, Subject to Defendant's Special Appearance [Dkt. No. 1-11] are STRICKEN;
• SunPath is in DEFAULT;
• The Clerk of Court is DIRECTED TO ENTER default against SunPath pursuant to Federal Rule of Civil Procedure 55(a); and
• Horton may, by no later than a date 30 days from the date of entry of this order, move for default judgment against SunPath for failure to appear by and through counsel.
SO ORDERED.