United States District Court, W.D. Michigan
Edward F. Simpson, et al., Plaintiffs,
VSP North America, LLC, et al., Defendants.
Janet T. Neff Judge
REPORT AND RECOMMENDATION
S. CARMODY U.S. MAGISTRATE JUDGE
matter is before the Court on Plain;tiff's Motion for
Default Judgment (ECF No. 152), which was referred to the
undersigned by the Honorable Janet T. Neff for report and
recommendation under 28 U.S.C. §636(b)(1)(B). A hearing
on the motion was held January 22, 2019.
withdrawal of counsel for defendants was allowed by the court
(ECF No. 144) and no appearance of substitute counsel was
made, The court entered an order (ECF No. 150) whereby:
1. the Clerk of Court was directed to enter default against
Defendant VSP North America, LLC and Defendant VS Products,
Inc. for failure to appear and defend as required by law;
2. the deadline for defendants' response to outstanding
discovery was extended to December 10, 2018; and
3. the parties were placed on notice that due to
defendants' continuing failure to comply with Court
deadlines and orders, plaintiffs could seek an entry of
default as to any defendant(s) who failed to timely comply.
was entered against the two corporate Defendants, VS
Products, Inc, VSP North America on December 4, 2018 (ECF No.
151). On December 10, 2018, advising the court that no
discovery from defendants had been forthcoming, plaintiffs
filed a motion for default against Defendants John Von Stach
and Graziella Stach, and for default judgment against all
defendants (ECF No. 152). The motion is supported by
affidavit (ECF No. 158).
December 28, 2018, the court entered an order setting an
evidentiary hearing regarding the motion for default judgment
for January 22, 2019, at 11:00 AM (ECF No. 154). Plaintiff,
through counsel, appeared for the January 22, 2019 hearing on
the motion for default judgment. The defaulting parties did
not appear for the hearing or contact the court in any way.
detailed in Plaintiffs' First Amended Complaint,
Plaintiffs, Edward F. Simpson, et al., Plaintiffs entered
into an agreement with the Defendants to loan money to the
Defendants collateralized by receivables owed to the
Defendants. Those loans were never repaid. Plaintiffs in
their motion for default judgment request the entry of a
default against Defendants John Von Stach and Graziella Stach
as to all claims and allegations in the First Amended
Complaint. As noted above, default was previously entered
against Defendants, VS Products, Inc, VSP North America.
Plaintiffs also seek default judgment against all defendants
in the amounts listed below. No. defendant in this matter is
a minor or an incompetent person.
rule governing default judgment is Fed.R.Civ.P. 55(b), ...