Summary
finding no excusable neglect where defendant was properly served with the summons and complaint and had the opportunity to oppose the request for entry of default and failed to do so
Summary of this case from Unicolors, Inc. v. Joy 153, Inc.Opinion
No. C 09-01304 JSW.
January 11, 2010
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court has reviewed Magistrate Judge Maria-Elena James' Report and Recommendation regarding the motion for default judgment filed by Plaintiff ACS Recovery Services, Inc. ("Plaintiff"). In her Report and Recommendation, Magistrate Judge James recommends that this Court grant the motion and award Plaintiff $153,648.10 in damages and pre-judgment interest at the rate prescribed by 28 U.S.C. § 1961(a). There have been no objections filed thereto. The Court finds the Report correct, well-reasoned and thorough, and adopts it in every respect. Accordingly, Plaintiff's motion for default judgment against Defendant Esther G. Kaplan is GRANTED. Plaintiff is awarded $153,648.10 in damages and pre-judgment interest at the rate prescribed by 28 U.S.C. § 1961(a). A separate judgment shall issue, and the Clerk is directed to close this file.
IT IS SO ORDERED.