Summary
describing the majority view as one in which parties "need not file an answer while a partial motion to dismiss as pending"
Summary of this case from Matter v. Clearlake Vill. Homeowner's Ass'nOpinion
Case No.: 3:07cv30/RV/EMT.
July 9, 2007
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated June 4, 2007. Plaintiff has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the report and recommendation, and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Plaintiff's Motion for Default Judgment Under Rule 55 (Doc. 28) is DENIED.
DONE AND ORDERED.