From Casetext: Smarter Legal Research

PERT 35, INC. v. AMARI AVIATION LTD.

United States District Court, N.D. New York
Mar 24, 2010
Civil Action No. 3:09-CV-0448 (TJM/DEP) (N.D.N.Y. Mar. 24, 2010)

Opinion

Civil Action No. 3:09-CV-0448 (TJM/DEP).

March 24, 2010


DECISION ORDER


The Hon. David E. Peebles, United States Magistrate Judge, has issued a Report and Recommendation in the above-captioned matter wherein he recommends:

that the answer of defendant Amari to plaintiff's complaint in this action, including its response to plaintiff's complaint, affirmative defenses, and counterclaim, Dkt. No. 26, be stricken, that plaintiff's application for the entry of default on the part of defendant Amari be GRANTED, and that the clerk be directed to enter default judgment in favor of plaintiff and against defendant in the amount of $988,980.00 USD.

March 5, 2010 Rep. Rec., dkt. # 36.

No objections to the Report and Recommendation have been filed, and the time to do so has expired. Having examined the record, the Court determines that the Report and Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, the Court adopts the Report and Recommendation for the reasons stated therein.

It is therefore,

ORDERED that the Answer of Defendant Amari to Plaintiff's Complaint in this action, including its response to Plaintiff's Complaint, affirmative defenses, and counterclaim, Dkt. No. 26, is STRICKEN; and it is further

ORDERED that Plaintiff's application for the entry of default on the part of Defendant Amari is GRANTED, and the Clerk of the Court is directed to enter default judgment in favor of Plaintiff and against Defendant in the amount of $988,980.00 USD.

IT IS SO ORDERED


Summaries of

PERT 35, INC. v. AMARI AVIATION LTD.

United States District Court, N.D. New York
Mar 24, 2010
Civil Action No. 3:09-CV-0448 (TJM/DEP) (N.D.N.Y. Mar. 24, 2010)
Case details for

PERT 35, INC. v. AMARI AVIATION LTD.

Case Details

Full title:PERT 35, INC., Plaintiff, v. AMARI AVIATION LTD. c/o Absolute Aviation…

Court:United States District Court, N.D. New York

Date published: Mar 24, 2010

Citations

Civil Action No. 3:09-CV-0448 (TJM/DEP) (N.D.N.Y. Mar. 24, 2010)

Citing Cases

Young America's Found. v. Stenger

“Rule 55(b) of the Federal Rules of Civil Procedure provides for the entry of default judgment in the event…

Travelers Cas. & Sur. Co. of Am. v. Diestelkamp Constr. Co.

Under this circumstance, the court deems it appropriate to exercise its inherent authority to strike…