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Ruppert v. ALB Real Estate Management

United States District Court, Southern District of Illinois

February 10, 2014

PHILLIP D. RUPPERT, Plaintiff,
v.
ALB REAL ESTATE MANAGEMENT and DAVID BINET, Defendants.

MEMORANDUM AND ORDER

David R. HERNDON, Chief Judge

On January 21, 2014, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Philip M. Frazier submitted a Report and Recommendation (“the Report”) recommending that the Court grant the motion to set aside default judgment (Doc. 38).

The Report was sent to the parties with a notice informing them of their right to appeal by way of filing “objections” by February 7, 2014. To date, none of the parties have filed objections, and the period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).

Thus, the Court ADOPTS the Report in its entirety (Doc. 38). The Court GRANTS the motion to set aside default judgment (Doc. 29). Thus, the Court VACATES the August 9, 2012 Judgment (Doc. 22), the June 6, 2012 Default Judgment (Doc. 18) and the March 9, 2012 Clerk’s Entry of Default (Doc. 8). The Court DIRECTS defendants to file an answer or responsive motion instanter.

IT IS SO ORDERED.


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